PTAB designates two decisions as precedential

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Patent Trial and Appeal Board


PTAB designates two decisions as precedential

Valve Corp. v. Elec. Scripting Prods., Inc., Case IPR2019-00062, -00063, -00084 (PTAB Apr. 2, 2019) (Paper 11)  

This decision denies institution of inter partes review after applying the General Plastic factors, explaining that the Board’s application of the General Plastic factors is not limited to instances when multiple petitions are filed by the same petitioner. This decision also explains that when different petitioners challenge the same patent, the Board considers any relationship between those petitioners when weighing the General Plastic factors.

NHK Spring Co., Ltd. v. Intri-Plex Techs., Inc., Case IPR2018-00752 (PTAB Sept. 12, 2018) (Paper 8)

This decision denies institution under 35 U.S.C. § 325(d) after applying the Becton, Dickinson factors and under 35 U.S.C. § 314(a) after determining that instituting review would be an inefficient use of Board resources where the district court proceeding was nearing final stages and the Board proceeding would involve the same claim construction standard, the same prior art references, and the same arguments as in the district court.

These precedential decisions can be found on the PTAB’s Precedential and Informative Decisions page of the USPTO website.