Insights

Timing

Visit the PTAB Litigation Blog.

Relying on 35 U.S.C. § 314(a), the Patent Trial and Appeal Board has articulated its reluctance to review "follow-on" petitions challenging the validity of patents that have been previously subjected to inter partes review. As discussed in prior posts, these rejected follow-on petitions include not only ones by the same petitioner, but also those filed by different petitioners and co-defendants. See United Fire Protection Corp. v. Engineered Corrosion Sol’ns, LLC, Case IPR2018-00991 (PTAB Nov. 15, 2018) (Paper 10) and Valve Corp. v. Elec. Scripting Prod., Inc., Case IPR2019-00062 (PTAB April 2, 2019) (Paper 11) (precedential).

Read the full article at ptablitigationblog.com.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.

 
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.