PTAB Use Of Redundancy May Have Unfair Estoppel Effect

Law360, New York (March 21, 2014, 12:36 AM EDT) -- The Patent Trial and Appeal Board has used redundancy as a basis of eliminating a portion of the an inter partes review or covered business method review petitioner's proposed grounds for unpatentability without determining if the grounds have merit. The PTAB has stated that it is using this redundancy rejection as a means to reduce administrative burden. However, the decision to institute a post-grant review on fewer grounds than initially proposed is, by statute, "final and nonappealable."

In addition, the petioner is statutorily estopped in subsequent litigation or further U.S. Patent and Trademark Office proceedings from pursuing "any ground that the...

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