Follow On Petition Denied for Implicit "Significant Relationship," PTAB Litigation Blog

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In Ericsson Inc. v. Uniloc 2017, LLC, IPR2019-01550 (PTAB March 17, 2020) (Paper 8), the PTAB denied institution of inter partes review under 35 U.S.C. § 314, exercising its discretion to deny “follow-on petitions” challenging the same patent.  In particular, the PTAB applied, inter alia, an “implicit” relationship analysis to determine whether the same petitioner previously filed a petition directed to the same claims of the same patent, reasoning that the Petitioner implicitly created a “significant relationship” between it and prior petitioners by using the prior petitions to draft its own petition.

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