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ARTICLE · 01 MAY 2019

PTAB Designates Trial Institution Discretion Cases Informative

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On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. § 314(a):

United StatesIntellectual Property
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David Maiorana
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On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. § 314(a):

  • IPR2018-00923, Paper 9 (Nov. 7, 2018) (designated: Apr. 5, 2019) [AIA § 314(a), insufficient number of proposed grounds/challenges to claims meet reasonable likelihood standard]; and
  • IPR2018-01310, Case IPR2018-01310, Paper 7 (Jan. 24, 2019) (designated: Apr. 5, 2019) [AIA § 314(a), insufficient number of proposed grounds/challenges to claims meet reasonable likelihood standard].

Section 314(a) reads:

(a) THRESHOLD.—The Director may not authorize an inter partes review to be instituted unless the Director determines that the information presented in the petition filed under section 311 and any response filed under section 313 shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.

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