Tallying Repetitive Inter Partes Review Challenges

Law360 (September 14, 2018, 5:09 PM EDT) -- How many bites at the apple does the Patent Trial and Appeal Board allow? That is, are parties limited to a single invalidity challenge to a patent claim in inter partes review, or are parties able to file serial challenges against a claim? While the statutes governing this important question may be open to interpretation on this fundamental question, the PTAB has adopted a decidedly permissive approach. This article reviews the statutory and legislative background and the empirical facts of current practice, and offers some strategic pointers for offense and defense at the PTAB.

Two primary statutory provisions govern the number...

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