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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!