Upon inception of the PTAB in 2012, Congress decreed a minimum for instituting an IPR but no affirmative requirement to do so. 37 C.F.R. §42.108(b); 35 U.S.C. §314(a). As a result, the PTAB has broad ...
The authors write: Turning now to this month’s topic, “’Judicial discretion is a phrase of great latitude; but it never means the arbitrary will of the judge.’ . . . It is a legal discretion founded ...
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where ...
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