This article, published in Bloomberg Law and written by David Cavanaugh, Joshua Stern, Gregory Israelsen and former WilmerHale attorney Michael Smith, is the second in a two-part series examining the current guidance from the Patent Trial and Appeal Board (PTAB) on multiple IPR petitions.
Part I of this series considered the PTAB's current practice, while Part II discusses what the future may hold for multiple filings challenging the same patent in post-grant proceedings, such as inter partes review, post-grant review, and ex parte reexamination, including potential legislative changes. The article also considers the interests of petitioners and patent owners in these changes and offers practice tips. Read the full article.