Indefiniteness Again Leads To Unsuccessful IPR Challenge, PTAB Litigation Blog

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The PTAB may institute IPR proceedings only on the basis of certain prior art that is potentially invalidating under § 102 (novelty) or § 103 (obviousness). The PTAB may not institute IPR on any other unpatentability grounds, including, for example, § 101 (patentable subject matter) or § 112 (definiteness, enablement, written description). But as demonstrated by the PTAB’s recent decision in eBay, Inc. v. Global Equity Management (SA) PTY. LTD (IPR2016-01828, Paper No. 69), § 112 is still relevant to the PTAB’s evaluation of a patent challenger’s § 102 or § 103 arguments.

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