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ARTICLE · 27 MAY 2020

Lights Out For Solar Cell Follow-On Petition

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The PTAB denied institution of a follow on petition filed five months after an initial petition by the same petitioner, even though the two petitions were directed to different claims.

United StatesIntellectual Property
David Cochran
David Cochran
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The PTAB denied institution of a follow on petition filed five months after an initial petition by the same petitioner, even though the two petitions were directed to different claims.1 The Board found no persuasive explanation for the delay. And, it was particularly perturbed because the delay precluded Board consolidation, thus a second proceeding would expend the Board's finite resources on redundant issues.

In IPR2020-00047, the second petition, the petitioners LONGi Green Energy Tech. Co. et al. challenged claims 1-11 and 15-16 of Patent No. 9,893,215 directed to a method of manufacture of a solar cell. Five months earlier, however, LONGi filed a first petition in IPR 2019-01072 directed at claims 12-14 of the same patent. The original petition was filed in response to a district court action2 and an ITC action3 which alleged infringement only of claims 12-14.

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