PTAB Makes Precedential Its Multi-Factor Approach To Assessing Follow-On Petitions, PTAB Litigation Blog
Serial IPR or CBM petitions challenging the same patent claims have been a recurring issue for the PTAB. On October 18, 2017, the PTAB designated as precedential a portion of a decision by an expanded panel that addressed this issue in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19), Section II.B.4.i. That decision—by a panel that included Chief Administrative Patent Judge David P. Ruschke and Deputy Chief Scott R. Boalick—provides a non-exhaustive list of seven factors that the PTAB will consider in evaluating follow-on petitions challenging the same claims of the same patent.
Read the full article at ptablitigationblog.com.