Section 325(d) – Twelfth Time Not A Charm, PTAB Litigation Blog

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This blog has previously discussed PTAB’s exercise of discretion under Section 325(d).  Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter partes review.  Recently, the PTAB was faced with the situation in which multiple petitioners had made the same priority argument in eleven prior petitions, all of which had been rejected by the PTAB; the twelfth attempt fared no better.  Intel Corporation v. ACQIS LLC, IPR2021-01105, Paper No. 11 (PTAB Jan. 5, 2022).

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