Wednesday, January 15, 2014

Post-IPR Estoppel Does Not Require Institution of Review on Cumulative Grounds

The Board denied the petitioner's request for rehearing of the decision denying institution of inter partes review as to certain grounds that the Board deemed cumulative. "[The petitioner] argues essentially that the Board erred in determining that certain grounds of unpatentability . . .are cumulative . . . . [The petitioner] argues because of estoppel, not instituting on all of its proffered grounds would not 'ensure that [the petitioner] has a full, fair, and just hearing on its unpatentability issues.' Given the competing demands for speedy and inexpensive resolution and providing dispositive determinations of the patentability of claims, we are not persuaded that any injustice has been done to [the petitioner] in instituting on the specified grounds.

Petition for Inter Partes Review by Amkor Technology, Inc., IPR2013-00242 (PTAB January 10, 2014, Order) (Turner, APJ)

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