PTAB Sheds Light On Its Discretion To Hear IPRs

Law360 (October 16, 2019, 11:26 AM EDT) -- The Patent Trial and Appeal Board has recently designated several opinions as precedential or informative with respect to inter partes reviews under the Leahy-Smith America Invents Act, providing clarity regarding the board’s discretion in deciding whether or not to institute review.[1]

The board designated Cisco Systems Inc. v. Chrimar Systems Inc.,[2] precedential, holding that 35 U.S.C. Section 315(a)(1) prevents institution of an IPR where the petitioner voluntarily dismissed its earlier civil action challenging the validity of that patent before filing of the petition for IPR.

The board designated GoPro Inc. v. 360Heros Inc.,[3] precedential, holding that service of a pleading asserting a...

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