The most recent Patent Trial and Appeals Board rule changes, effective May 2, 2016, allow petitioners to seek leave to file a reply to a patent owner preliminary response upon a showing of good cause. Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board, 81 Fed. Reg. 18750, 18766, 18763 (April 1, 2016); 37 C.F.R. § 42.108 (c) (as amended) (“A petitioner may seek leave to file a reply to the preliminary response” that may be granted upon a “showing of good cause.”).

Originally published in Law360 - August 23, 2016.