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Evan Day and Olivia Nguyen of Perkins Coie outline the Patent Trial and Appeal Board’s tougher stance relating to serial inter partes review petitions.
Recent guidance and decisions show that the US Patent Trial and Appeal Board (PTAB) intends to take a tougher stance on multiple inter partes review (IPR) petitions filed against any single patent.
The hardened position applies not only when a single petitioner files “serial” petitions against the same patent but also when different petitioners challenge the same patent, as well as when a single petitioner files multiple, “parallel” petitions regarding the same patent at the same time.
Parties considering IPR challenges must consider not just whether they intend to file more than one, but whether others have already done so.
IPR, inter partes review, PTAB, Patent Trial and Appeal Board, Perkins Coie, litigation, patents,