In Commscope Techs. LLC v. Dali Wireless, Inc. the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board.
The PTAB recently declined to exercise its discretion to deny IPR, instituting review in BMW of North America, LLC v. NorthStar Systems LLC, IPR2023-01017, Paper 12 (Dec. 8, 2023)..
On July 17, 2023, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review petition based on the.
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The USPTO recently designated CommScope Techs. LLC. v. Dali Wireless, Inc. and Nested Bean, Inc. v. Big Beings Pty Ltd. as precedential PTAB decisions. Both decisions were before the.