PTAB Says 2nd IPR Targeting Brake Patent Not Improper

Law360 (August 15, 2019, 5:56 PM EDT) -- Saying it saw no evidence of "gamesmanship," the Patent Trial and Appeal Board agreed this week to institute Curt Manufacturing LLP's petition for inter partes review of a brake controller patent that the board had previously declined to review.

In its Aug. 12 decision to institute IPR, the board rejected patent owner Horizon Global Americas Inc.'s argument that it should deny the petition because it used the same arguments and prior art references as a petition by another company, which the board denied more than three years ago.

The board said Curt's petition contained some key differences distinguishing it from the...

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