On May 26, 2020, the USPTO announced several proposed rule changes for IPR, PGR, and CBM proceedings. If implemented, the proposed rules would:
- Eliminate the presumption in favor of petitioners at the institution stage. The Board began allowing patent owners to include testimonial evidence with their preliminary responses in 2016, but since then it has viewed any issues of fact created by such evidence “in the light most favorable to the petitioner solely for purposes of deciding whether to institute.” 37 C.F.R. §§ 42.108(c), 42.208(c). The new rules would eliminate that presumption.