• Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc.Institution denied
  PTAB · Oct 24, 2016 · IPR2016-01248 · APJ Jacqueline Wright Bonilla · IPR · Institution

  The Board denied institution on all challenged claims under § 325(d), because Mylan presented the same prior art and arguments it had previously presented.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › §325(d) same art / argumentsInstitution denied 325dInstitution denied

    “Institution of an inter partes review is subject to the Board’s discretion. See 37 C.F.R. § 42.108(b). By statute, “[i]n determining whether to institute or order a proceeding under this chapter, chapter 30, or chapter 31, the Director may take into account whether, and reject the petition or request because, the same or substantially the same prior art or arguments previously were presented to the Office.” 35 U.S.C. § 325(d). For the reasons discussed above, the current Petition presents the same prior art and arguments previously presented by the same Petitioner in IPR2016-01101. Accordingly, we exercise our discretion to deny institution of inter partes review in this case under 35 U.S.C. § 325(d).” slip op. at 3

  Discretionary denial

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.