On November 6, 2023, the PTAB issued an decision instituting inter partes review of U.S. Patent No. 10,681,009 B2 ("the '009 patent") in Keysight Technologies, Inc. v. Centripetal Networks, Inc., IPR2022-01421.
In Apotex, Inc. v. Auspex Pharms., Inc., IPR2021-01507, Paper 9 (P.T.A.B. March 9, 2022), the Patent Trial and Appeal Board exercised its discretion under 35 U.S.C. § 325(d) to deny institution of Apotex's petition for inter partes review.
This blog has previously discussed PTAB's exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d).