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When the Patent Trial and Appeal Board uses its discretion to deny a patent challenge, future challenges to the same patent shouldn't be automatically denied, particularly if the merits haven't been evaluated, U.S. Patent and Trademark Office Director Kathi Vidal said Tuesday.
On July 7, 2022, Director Kathi Vidal granted Director review of the PTAB decisions in OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064, Paper 47 (PTAB July 7, 2022) and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, Paper 35 (PTAB July 7, 2022).
Ken Korea, principal at Colev Law and former head of Silicon Valley IP at Samsung, delves into the history and future of the Patent Trial and Appeal Board
Patent Trial and Appeal Board in OpenSky Indus., LLC v. VLSI Tech. LLC analyzed OpenSky’s Petition under §314d and §325d, declining to deny institution, finding, in part, that since Fintiv and General Plastic did not warrant discretionary denial.
On October 26, 2021, the Patent Trial and Appeal Board (PTAB) granted Regeneron’s petition to institute an inter partes review (IPR) of Novartis’s patent U.S. Pat. No. 9,220,631 (“the...