Justices Urged To Mull Repeat Patent Challenges Under AIA

Law360 (October 10, 2018, 7:18 PM EDT) -- A patent owner asked the U.S. Supreme Court on Tuesday to examine the “multiple proceedings rule” for challenges to a patent’s validity, arguing the Patent Trial and Appeal Board has been inconsistent in how it applies the rule in America Invents Act reviews.

SSL Services LLC told the justices a patent it owns relating to a system for establishing virtual private networks withstood nine invalidity challenges. The 10th challenge, an inter partes review requested by Cisco Systems Inc., ended with the patent being found invalid.

“Cases like this are the very reason that Congress enacted the multiple proceedings rule,” John Battaglia...

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