Exercising its discretion under 35 U.S.C. § 314(a), the Patent Trial & Appeal Board (Board) denied institution of two inter partes reviews (IPRs) based on its understanding of its own.
Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), designated precedential in 2017, sets forth seven factors to be considered before.
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent.
When the Patent Trial and Appeal Board uses its discretion to deny a patent challenge, future challenges to the same patent shouldn't be automatically denied, particularly if the merits haven't been evaluated, U.S. Patent and Trademark Office Director Kathi Vidal said Tuesday.