PTAB Finds it has Discretion to Dismiss Contested IPR Proceedings Over the Patent Owner's Objection in Order to Conserve Resources

PTAB Finds it has Discretion to Dismiss Contested IPR Proceedings Over the Patent Owner's Objection in Order to Conserve Resources

Publications

An article by Gregory Lantier, published in Bloomberg BNA's Patent, Trademark & Copyright Journal on December 14, 2015.

For the first time since it began implementing America Invents Act post-grant proceedings, the Patent Trial and Appeal Board, on December 9, 2015, terminated and dismissed pending inter partes review (IPR) petitions at the unilateral request of the petitioner, and over the patent owner's objection, in a circumstance where termination ended all board review of the challenged claims. In so doing, the board adopted an expansive reading of 37 C.F.R. § 42.71(a), under which it suggested it can "grant, deny, or dismiss" any petition discretionarily, even where no other proceeding challenging the same claims is pending. View the article  

 

Contributors