Addressing estoppel in a post-grant review (PGR) proceeding, the
Patent Trial and Appeal Board (PTAB) denied a patent owner's
request to file a motion to terminate the proceeding in view of the
final written decision in a PGR proceeding for a related patent.
Telebrands Corp. v. Tinnus Enterprises, LLC, Case No.
PGR2017-00015 (PTAB, Mar. 26, 2018) (Cherry, APJ).
Tinnus, the patent owner, requested permission to file a motion
to terminate a PGR proceeding in view of a final written decision
involving a related patent. Tinnus argued that the only issue in
the current PGR proceeding was whether claim language reciting
"press-against" was indefinite and that the PTAB had
concluded that the same language was not indefinite in the prior
PGR proceeding. Tinnus argued that (1) the statutory estoppel
provision of 35 USC § 325(e)(1) barred the current proceeding,
and (2) the PTAB should exercise its discretion, terminate the
proceeding and vacate the institution decision.
