Multiple-Petition Strategies Fall Into Disfavor, PTAB Litigation Blog

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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.

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