A Novel Framework For PTAB Parallel Petition Denials

Law360 (December 9, 2020, 4:43 PM EST) -- In two recent Law360 guest articles, we proposed alternative analyses for the discretionary denial of inter partes review and post-grant review petitions involved in parallel district court litigation,[1] as well as for the discretionary denial of serial petitions filed before the Patent Trial and Appeal Board.[2]

The PTAB is also currently at a crossroads with yet a third similar but distinct issue — the discretionary denial of parallel petitions filed before the PTAB.[3] Serial petitions refer to multiple, successive petitions challenging a particular patent that are filed by the same or different petitioners, whereas parallel petitions refer to multiple contemporaneous petitions...

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