United States Patent and Trademark Office banner graphic

Director Vidal issues a precedential sua sponte Director review decision clarifying the application of General Plastic to follow-on petitions

United States Patent and Trademark Office sent this bulletin at 08/23/2022 06:53 PM EDT

Having trouble viewing this email? View it as a Web page.

Patent Trial and Appeal Board

Director Vidal issues a precedential sua sponte Director review decision clarifying the application of General Plastic to follow-on petitions

Code200, UAB v. Bright Data, Ltd., IPR2022-00861, Paper 18 (Aug. 23, 2022)

This Director review decision orders sua sponte rehearing, vacates the PTAB panel Decision Denying Institution, and remands to the panel for proceedings consistent with this decision. This decision clarifies that when a follow-on petition (also known as a “serial” petition) has substantial overlap with an original petition, which was denied based on discretionary considerations, “road-mapping” concerns are minimized and General Plastic Factors 1-3 weigh against discretionary denial of institution in view of the prior petition.

Learn more about PTAB precedential and informative decisions and the status of Director review requests.

Stay connected with the USPTO by subscribing to regular email updates.

Visit our subscription center at www.uspto.gov/subscribe to update or change your email preferences.

This email was sent from an unmonitored mailbox. To contact us, please visit our website www.uspto.gov/about/contacts. To ensure that you continue to receive our news and notices, please modify your email filters to allow mail from subscriptioncenter@subscriptions.uspto.gov.