Fed. Cir. Directs Dismissal of Ex Parte Reexam, PTAB Litigation Blog

Visit the PTAB Litigation Blog.

On September 29, 2021, the Federal Circuit in In re: VivintInc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination.  Accordingly, the Federal Circuit found that “the Patent Office, when applying § 325(d), cannot deny institution of [an] IPR based on abusive filing practices [and] then grant a nearly identical reexamination request that is even more abusive.”  However, the Federal Circuit explicitly stated that it was “not holding that the Director may never launch a reexamination even when a particular challenger has engaged in improper serial filing.”

Read the full article at

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 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.