"The Director's statement in both Commscope and AviaGames that the standard for a 'compelling merits' determination is higher than ordinary institution seems like a helpful clarification.In practice however, it remains confusing."U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has been on a tear recently, reviewing sua sponte a number of Patent Trial and Appeal Board (PTAB) decisions and designating others precedential.
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