PTAB Declines To Institute Multiple IPRs Against The Same Patent

The PTAB recently issued two simultaneous decisions in which it granted one IPR petition, but denied another. Both petitions were directed to Patent Owner Tela Innovations, Inc.'s U.S. Patent No. 7,943,966 ("the '966 patent"). See Intel Corporation v. Tela Innovations, Inc., IPR2019-01228, Paper No. 19 (PTAB January 30, 2020); Intel Corporation v. Tela Innovations, Inc., IPR2019-01220, Paper No. 19 (PTAB January 30, 2020). The petitions were filed by Petitioner Intel Corporation concurrently and challenged the same claims of the '966 patent, although they referenced different prior art. The PTAB found that Petitioner failed to establish sufficient differences between the petitions and exercised its discretion under 35 U.S.C. § 314(a) to deny institution of IPR 1220.