Post-Grant for Practitioners | NHK, Valve, and Discretionary Denial

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The PTAB recently designated two decisions as precedential that expanded the factors upon which it may rely when exercising its discretion to deny IPR petitions under 314(a) and 325(d). In NHK Spring v. Intri-Plex, the PTAB held that the Board may consider the status of co-pending district court litigation when evaluating whether to institute IPR proceedings. In Valve Corp. v. Electronic Scripting Products, the PTAB held that the General Plastic factors permit the Board to deny follow-on petitions even when filed by different petitioners where the petitioners are closely related or similarly situated.

In this Post-Grant for Practitioners webinar, Principal and Post-Grant Practice Co-Chair Karl Renner, Principal Joshua Griswold, and Associate Kenneth Darby discuss these cases and their implications, including:

  • In-depth analysis of the NHK and Valve decisions
  • Trends and takeaways from other recent 314(a) discretionary denials
  • Strategic and tactical considerations for petitioners and patent owners