General Plastic Factors Lead to Institution Denia

General Plastic Factors Lead to Institution Denial, PTAB Litigation Blog

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The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for producing cinematic lighting effects.  The PTAB exercised its discretion under 35 U.S.C. § 314(a) and 37 C.F.R § 42.108(a) to reject the petition, which was the second one filed by the same petitioner against the same patent.  The PTAB applied the factors set forth in General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha (IPR2016-01357), a precedential decision that guides the PTAB’s discretion to deny follow-on petitions.

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