Steptoe of counsel Lawrence Kass recently wrote an article that appeared in the Patent Trial and Appeal Board Bar Association Appellate Year in Review 2024, “Director Vidal Addresses Serial IPR Petitions.” The article discusses two significant Director Review decisions from early 2024 that clarify when multiple petitioners have a "significant relationship" justifying discretionary denial under the General Plastic framework. The decisions state that court-ordered pretrial coordination alone does not justify treating their patent challenges as related serial petitions. Key cases emphasize that substantive connections, such as shared accused products or licensing arrangements, are necessary. These decisions align with the United States Patent and Trademark Office (USPTO)’s efforts to clarify discretionary denial guidelines, balancing the protection of patent owners from harassment and allowing legitimate patent challenges.
Read more here (Note: The Appellate Year in Review is available to PTAB Bar Association members only).