PTAB Denies A Second IPR Petition Based On Estoppel And Redundancy

The Patent Trial and Appeal Board ("Board") denied a petition to institute an inter partes review (IPR) trial filed by the Petitioner, Praxair Distribution, Inc. ("Praxair") and NOxBOX Limited ("NOxBOX") based on estoppel under 35 U.S.C. § 315(e) (reproduced below).  Praxair Distribution, Inc. v. Ino Therapeutics, LLC, IPR2016-00781, Paper 10 (PTAB August 25, 2016) (the "second IPR petition").  The Board further exercised its discretionary authority under 35 U.S.C. § 325(d) (reproduced below) in denying the petition.  Id. 

35 U.S.C. § 315(e)  Proceedings before the office. The petitioner in an inter partes review of a claim in a patent under this chapter that results in a final written decision under section 318(a), or the real party in interest or privy of the petitioner, may not request or maintain a proceeding before the Office with respect to that claim on any ground that the petitioner raised or reasonably could have raised during that inter partes review.