General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19), Section II.B.4.i.

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Patent Trial and Appeal Board

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The Patent Trial and Appeal Board (Board) has designated the following decision as precedential:

General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017) (Paper 19), Section II.B.4.i.

This expanded panel decision explains that applying factors to evaluate the equities of permitting follow-on petitions in AIA proceedings is a proper exercise of the Board’s discretion under 35 U.S.C. § 314 and provides a non-exhaustive list of factors that the Board considers in evaluating follow-on petitions. 

A PDF of this precedential decision can be found on the USPTO website.