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ARTICLE · 02 AUGUST 2018

If At First Your IPR Doesn't Succeed, Don't Try Again

McDermott Will & Emery
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Exercising its discretion under 35 USC § 314(a), the Patent Trial and Appeal Board (PTAB) declined to institute inter partes review (IPR) ...

United StatesIntellectual Property
Zachary Miller
Zachary Miller
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Exercising its discretion under 35 USC § 314(a), the Patent Trial and Appeal Board (PTAB) declined to institute inter partes review (IPR) because the petitioner had (1) previously submitted a petition for IPR on similar grounds, (2) could not explain the delay in filing its second petition and (3) knew of the asserted prior art at the time of filing its first petition. Alcatel-Lucent USA Inc. v. Oyster Optics, LLC, Case No. IPR2018-00257 (PTAB, June 4, 2018) (Kenny, APJ).

Oyster owns a patent directed to transceiver cards used by a telecommunications box for transmitting and receiving data over multiple optical fibers. Oyster filed suit against a number of companies, including Alcatel, in the Eastern District of Texas and the Northern District of California alleging infringement of the patent.

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