Trial Practice Guide Update News Today

On July 6, 2023, the United States Patent and Trademark Office (USPTO) published an updated study analyzing the filing of multiple petitions at the…

Introduction The authors have recently proposed alternative analyses for the discretionary denial of IPR and PGR petitions involved in parallel district court litigation, as well as for the discretionary denial of serial petitions filed before the Patent Trial and Appeal Board (“PTAB”). The PTAB is also currently at a crossroads with yet a third similar but distinct issue—the discretionary denial of parallel petitions filed before the PTAB. “Serial petitions” refer to multiple succes...