Insights

Judgement

Multiple-Petition Strategies Fall Into Disfavor, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy.  These results, discussed during the December 10, 2020 Boardside Chat,show a notable decrease in the success rate of both serial and parallel petitions filed in the past few years. A “serial” petition, as defined in the study, involves the same petitioner filing petitions on the same patent more than ninety days apart.  A parallel petition, on the other hand, is defined as petitions filed by the same petitioner, on the same patent, less than or at ninety days apart.  While there are some circumstances where petitioners have found success, petitioners generally should not count on multiple bites at the apple.

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.