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ARTICLE · 31 MARCH 2015

Challenging PTAB Determinations That Proposed Grounds Are "Redundant"

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The Patent Trial and Appeal Board ("PTAB" or "Board") often denies some proposed grounds of invalidity as redundant to others when deciding whether to institute inter partes review (IPR) and covered business method patent review (CBM) proceedings.

United StatesIntellectual Property
David L. Cavanaugh
David L. Cavanaugh
James M. Dowd
James M. Dowd
Michael H. Smith
Michael H. Smith
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The Patent Trial and Appeal Board ("PTAB" or "Board") often denies some proposed grounds of invalidity as redundant to others when deciding whether to institute inter partes review (IPR) and covered business method patent review (CBM) proceedings.1 If this occurs, what options are available to petitioners? This article explores potential avenues to challenge such a determination through requests for rehearing, appeals and petitions to the Federal Circuit, and suits in district court.

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Originally published in the March 25, 2015 edition of Intellectual Property Today.

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