Vidal says discretionary waivers do not eliminate serial petitions

Vidal says discretionary waivers do not eliminate serial petitions



Danny Cass (August 23, 2022 at 9:42 PM EDT) — When the Patent Examination and Appeal Board exercises its discretion to reject a challenge to a patent, future appeals of the patent itself should not be automatically rejected, especially if the head of the office is meritorious. U.S. Patent and Trademark Office Cathy Vidal said Tuesday it has not been evaluated.

Vidal misinterpreted the PTAB’s general plastics precedent, which sets out the factors that determine when to allow multiple petitions challenging the same patent. Here she talked about Bright Data Ltd.’s past patent challenges. , which were rejected at their own discretion, without discussing the merits, does not justify preventing the challenges presented by the group of Lithuanian companies…

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