Lessons Learned: Director Emphasizes Patent Quality in Evaluating General Plastic Factors,PTAB Litigation Blog

Visit the PTAB Litigation Blog

 In the precedential decision Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), the PTAB articulated seven non-exclusive factors to be considered before discretionarily denying a subsequent IPR petition challenging the same patent.  Director Vidal recently revisited the General Plastic factors after initiating sua sponte Director review of the Board’s decisions to discretionarily deny certain petitions.  See Code200, UAB, et al. v. Bright Data Ltd., IPR2022-00861 and IPR2022-00862, Paper 18 (PTAB Aug. 23, 2022) (Vidal Decision), at 6 (quoting Cuozzo Speed Techs., LLC v. Lee, 579 U.S. 261, 272 (2016) (quoting H.R. Rep. No. 112-98, pt. 1, at 45, 48) (hereinafter, “Code200”).  Based on the Director’s review and resulting decision, she vacated and remanded the Board decisions for further consideration, and affirmed “the Board’s mission ‘to improve patent quality and restore confidence in the presumption of validity that comes with issued patents.’” 

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.