PTAB Designates Two Opinions Precedential on Discretion to Grant or Deny IPRs

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board exercised its discretion to deny institution of inter partes review (IPR)under 35 U.S.C. § 325(d). In the other, Oticon Medical AB v. Cochlear Limited, the Board concluded that the Petitioner demonstrated a reasonable likelihood of prevailing on its assertion that the claims in question were unpatentable and, thus, instituted IPR.

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