PTAB Declines to Institute Multiple IPRs Against the Same Patent, PTAB Litigation Blog
The PTAB recently issued two simultaneous decisions in which it granted one IPR petition, but denied another. Both petitions were directed to Patent Owner Tela Innovations, Inc.’s U.S. Patent No. 7,943,966 (“the ’966 patent”). See Intel Corporation v. Tela Innovations, Inc., IPR2019-01228, Paper No. 19 (PTAB January 30, 2020); Intel Corporation v. Tela Innovations, Inc., IPR2019-01220, Paper No. 19 (PTAB January 30, 2020). The petitions were filed by Petitioner Intel Corporation concurrently and challenged the same claims of the ’966 patent, although they referenced different prior art. The PTAB found that Petitioner failed to establish sufficient differences between the petitions and exercised its discretion under 35 U.S.C. § 314(a) to deny institution of IPR 1220.
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.