PTAB Applies General Plastic Factors to Serial Pe

PTAB Applies General Plastic Factors to Serial Petitions Seeking Joinder, PTAB Litigation Blog

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In February 2023, T-Mobile USA, Inc. (“T-Mobile”) filed petitions requesting four inter partes reviews (“the T-Mobile IPRs”)—two of which challenged U.S. Patent No. 8,630,234 and two of which challenged U.S. Patent No. 10,880,721 with joinder motions.  Previously in June of 2022, T-Mobile had filed four separate petitions challenging the same patents on different prior art.  The PTAB denied each of these earlier petitions on the merits.  Concurrently with the more recent petitions, T-Mobile filed Motions for Joinder seeking to join four IPRs filed by Meta Platforms, Inc. (“Meta”) challenging the same patents (“the Meta IPRs”). filed a Preliminary Response opposing institution of each of the T-Mobile IPRs and an Opposition to each Motion.  Thereafter, T-Mobile filed a Reply in support of each Motion.

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