Yesterday, U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal issued a precedential sua sponte Director Review Decision in Code200, UAB v. Bright Data, Ltd., IPR2022-00861 and IPR2022-00862 Paper 18 (Aug. 23, 2022), clarifying the application of Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017) in denying decisions to institute inter partes review (IPR) proceedings. The Patent Trial and Appeal Board (PTAB) denied institution of the two IPRs on July 25, 2022, explaining that the General Plastic factors weighed in favor of denial. Specifically, addressing Factor 1, which asks “whether the same petitioner previously filed a petition directed to the same claims of the same patent,” the PTAB said that the fact the Board had not evaluated the similar patentability challenges brought by the petitioner on the merits did not outweigh the petitioner’s failure to offer a stipulation agreeing not to raise the grounds asserted in the present IPRs in related district court litigation as per Sand Revolution II IPR2019-01393.
Litigation
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- Federal Circuit Upholds Albright’s Ruling on Denial of Transfer for GM
- High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel
- Albright Gets OK from CAFC on Denial of Transfer for Amazon
- This Year is Poised to Be a Landmark One for Tattoo Copyright Litigation
Recent Posts
- This Week in Washington IP: IPWatchdog Event to Review the State of the PTAB; US Inventor Protests in D.C.; and the House Considers Supply Chain Challenges
- SCOTUS Sustains Blow to Patent Prosecution Practice in Denying Juno v. Kite Rehearing
- Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad
- An Alternative to Claim Mirroring in Initial Patent Application Filing
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent