For the first time since it began implementing America Invents Act post-grant proceedings, the Patent Trial and Appeal Board, on Dec. 9, 2015, terminated and dismissed pending inter partes review (IPR) petitions at the unilateral request of the petitioner, and over the patent owner's objection, in a circumstance where termination ended all board review of the challenged claims.1 In so doing, the board adopted an expansive reading of 37 C.F.R. § 42.71(a), under which it suggested it can ''grant, deny, or dismiss'' any petition discretionarily, even where no other proceeding challenging the same claims is pending.
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Originally published by BNA's Patent, Trademark & Copyright Journal, December 2015
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