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Expert Analysis

How Many Bites At The Apple After A PTAB Challenge?

By Steven Pollinger and Craig Tolliver (July 25, 2017, 12:00 PM EDT) -- A petitioner who mounts an inter partes review challenge at the Patent Trial and Appeal Board always must be cognizant of whether its petition will preclude additional validity challenges against the patent in question. The petitioner may be foreclosed by estoppel from additional prior art attacks — in federal court, the U.S. International Trade Commission or the PTAB — or, regardless of estoppel, the petitioner may be precluded from instituting a further PTAB challenge based on the PTAB's discretionary authority to decline multiple challenges to the same patent....

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