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."[1]

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.[2]

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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