Board Terminates Motion to Amend, Citing Inefficient Use of Resources, PTAB Litigation Blog
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The Board recently exercised its discretion to terminate trial and obviate the Patent Owner’s pending Motion to Amend, after the Federal Circuit affirmed a district court’s ruling that all of the challenged claims were invalid for lack of patentable subject matter under 35 U.S.C. § 101. Facebook, Inc. v. EveryMD.com LLC, Case IPR2017-02027, Paper 24 (PTAB Oct. 9, 2018). Citing its "broad authority to dismiss a petition where appropriate" under 37 C.F.R. §§ 42.71(a) & 42.72, the Board granted the Petitioner’s request to terminate the proceeding, finding that it would be "an inefficient use of the Board’s resources" to proceed with trial under the circumstances. Slip op., at 4, 9.
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