PTAB Makes Opinion Limiting Multiple Petitions 'Precedential'

By Steven Trader (October 18, 2017, 9:45 PM EDT) -- The Patent Trial and Appeal Board on Wednesday made precedential a crucial opinion from back in September that laid out the parameters for how multiple challenges to the same patent will be evaluated, making it binding on all future cases.

When an extended panel that included Chief Judge David Ruschke made its decision in the case of General Plastic Industrial Co. Ltd. on Sept. 6, the opinion was initially non-binding even though the issue of petitioners challenging the same patent more than once was deemed one of "exceptional importance."

Then, in mid-September, the PTAB designated the opinion as "informative," a qualification...

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