Intervening Court Decisions May Prevent Denial of Review Under § 325(d), PTAB Litigation Blog

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Under 35 U.S.C. § 325(d), the PTAB has discretion regarding whether to institute a covered business method review if the arguments presented in the petition are the same, or substantially the same, as those previously considered by the PTO. However, according to a recent PTAB decision granting institution of a CBM review, a petitioner may avoid denial of institution under § 325(d) if there have been relevant, intervening court decisions.

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