On May 27, 2020, the Federal Register published proposed rule changes to trial procedures before the PTAB. The rule changes address and codify the following:
(1) Institution will be on all challenged claims or none, and on all asserted grounds if there is institution;
(2) Permit sur-replies to principal briefs, and response and replies to decisions on institution; and
(3) Eliminate the presumption in favor of the petitioner at the institution phase for a genuine issue of material fact created by testimonial evidence submitted in a preliminary response from a patent owner.
Comments to the rules must be received by the USPTO by June 26, 2020.