Informative Decisions of the Patent Trial and Appeal Board in 2014

03/16/2015

The Patent Trial and Appeal Board (PTAB) designates its more important and precedential cases as “informative,” and so far the PTAB has given seven of its 2014 cases that designation. It is notable that five of the seven cases address the discretion of the PTAB under 35 U.S.C. § 325(d). This article provides an overview of those five cases to illustrate the evolution of jurisprudence at the PTAB. More specifically, the article examines the PTAB’s use of its discretion to deny petitions for inter partes review (IPR) for using the same or similar prior art and arguments, set forth during prosecution or during an earlier filed IPR, to challenge claims already under review.

Excerpted from the Intellectual Property Law Section, State Bar of Texas, Winter 2015 Newsletter. To read the full article, click here.

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