• Bytedance Ltd. / Tiktok Inc. v. Triller, Inc.Institution denied
  PTAB · Oct 12, 2021 · IPR2021-00774 · APJ Juliet Mitchell Dirba · IPR · Institution

  The Board denied institution of IPR for claims 11–19 under § 314(a), exercising discretion based on the General Plastic factors and the burdens of a second petition.

  RulingsInstitution decision

  • PTAB / AIA Trials › Discretionary denial › General Plastic (serial petitions)Institution denied general plasticInstitution denied

    “On this record, we have some “road mapping” concerns. Although Patent Owner identifies no relevant differences between the instant Petition and the ’099 Petition, Petitioner fails to provide any explanation for why the instant Petition was filed nearly two months after receiving Patent Owner’s preliminary response in the ’099 IPR. This fact pattern is troubling because there are significant overlaps in the subject matter recited in the challenged claims and because Hozumi is a primary reference in both proceedings. But Petitioner did not have the benefit of the ’099 Institution Decision (and the concerns articulated therein) at the time it filed the instant Petition.” slip op. at 12

  Discretionary denial
  Patents in suitUS 9,691,429

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