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Overreaching May Result In Denial of Petition, PTAB Litigation Blog

January 2019

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In Deeper, UAB v. Vexilar, Inc., the PTAB recently considered the extent of its discretion to grant or deny inter partes review in a case where a petitioner challenges multiple claims on numerous grounds. In this case, the petitioner challenged all twenty-three claims of the challenged patent, asserting multiple grounds of unpatentability. After considering the evidence, the Board determined that the Petitioner had demonstrated a likelihood of prevailing as to only two of the twenty-three challenged claims, and therefore the petition was denied.

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