• Code200, Uab / Teso LT, Uab et al. v. Bright Data Ltd.Institution denied
  PTAB · Jul 25, 2022 · IPR2022-00861 · APJ Sheila F Mcshane · IPR · Institution

  The Board denied institution under General Plastic’s § 314(a) discretion and denied joinder because the petition did not warrant institution.

  RulingsInstitution decision

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

    “issue of whether the petitioner had the benefit of the Board’s guidance on the use of stipulations that agree not to raise the grounds asserted in the IPR at trial. Intel, Paper 14 at 13–14; Prelim. Resp. 7–9. In Intel, the Board found that the decision denying the earlier petition occurred before the Board had expressed its approval of such stipulations in Sotera Wireless or Sand Revolution II. Id. However, as Patent Owner argues, the petition in the earlier 1266 petition was filed after Sand Revolution II had been designated informative. Prelim. Resp. 8. Unlike the petitioner in Intel, Petitioner here had the guidance provided by Sand Revolution II, and could have proffered such a stipulation, but did not do so. We determine that this failure to provide such a stipulation in the face of clear guidance from the Board weighs strongly in favor of exercising discretion to deny institution and outweighs the fact that the Board did not substantively address the merits of the prior petition.” slip op. at 12

  • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied general plasticInstitution denied

    “3. Conclusion In light of the General Plastic factors, the guidance expressed in the Trial Practice Guide, and the arguments presented for and against the exercise of discretionary denial, we conclude that it is appropriate here to exercise our discretion under 35 U.S.C. § 314(a) to deny institution. IV. DENIAL OF MOTION FOR JOINDER As stated above, the Director may join a party to an ongoing IPR only if the filed petition warrants institution under § 314. 35 U.S.C. § 315(c). Because we exercise discretion to deny institution under § 314, we deny also Petitioner’s Motion for Joinder. V. ORDER Accordingly, it is: ORDERED that, pursuant to 35 U.S.C. § 314(a), the Petition is denied; and FURTHER ORDERED that the Motion for Joinder is denied.” slip op. at 16

  • PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, deniedDenied

    “IV. DENIAL OF MOTION FOR JOINDER As stated above, the Director may join a party to an ongoing IPR only if the filed petition warrants institution under § 314. 35 U.S.C. § 315(c). Because we exercise discretion to deny institution under § 314, we deny also Petitioner’s Motion for Joinder. V. ORDER Accordingly, it is: ORDERED that, pursuant to 35 U.S.C. § 314(a), the Petition is denied; and FURTHER ORDERED that the Motion for Joinder is denied.” slip op. at 17

  Discretionary denial
  Patents in suitUS 10,257,319

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