Creating A Better Framework For PTAB Serial Petition Denials
Law360 (November 17, 2020, 7:31 PM EST) -- In 2012, Congress enacted the Leahy-Smith America Invents Act for the purpose of "establish[ing] a more efficient and streamlined patent system that will improve patent quality and limit unnecessary and counterproductive litigation costs."
Not long thereafter, the Patent Trial and Appeal Board confronted the practice of serial petitioning — a given petitioner filing a second PTAB petition challenging the same patent as challenged in an earlier, unsuccessful PTAB petition.
In a 2017 precedential decision, the board provided a framework for the discretionary denial of serial petitions, attempting to reconcile the goals of the AIA with "the potential for abuse of the...
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