• MPL Brands NV, Inc. v. Buzzballz, LLCInstitution denied
  PTAB · Dec 18, 2024 · IPR2024-01000 · APJ Cynthia M Hardman · IPR · Institution

  The Board denied institution because the IPR petition was premature while the patent remained within its nine-month post-grant review window and the parallel PGR was instituted.

  RulingsInstitution decision

  • PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied

    “For AIA patents like the ’441 patent, a petition for inter partes review “shall be filed after the later of either (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted . . . , the date of the termination of such post-grant review.” 35 U.S.C. § 311(c); see also 37 C.F.R. § 42.102(a). Here, the ’441 patent issued on March 19, 2024 (see Ex. 1001, code (45)), and PGR2024-00035 is instituted. Petitioner filed the instant Petition on June 7, 2024. As such, the instant Petition is premature because it was filed within nine months of the grant of the ’441 patent and before termination of PGR2024-00035. For this reason, we deny institution of this inter partes review.” slip op. at 3

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

    “For AIA patents like the ’441 patent, a petition for inter partes review “shall be filed after the later of either (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted . . . , the date of the termination of such post-grant review.” 35 U.S.C. § 311(c); see also 37 C.F.R. § 42.102(a). Here, the ’441 patent issued on March 19, 2024 (see Ex. 1001, code (45)), and PGR2024-00035 is instituted. Petitioner filed the instant Petition on June 7, 2024. As such, the instant Petition is premature because it was filed within nine months of the grant of the ’441 patent and before termination of PGR2024-00035. For this reason, we deny institution of this inter partes review.” slip op. at 3

  Discretionary denial
  Patents in suitUS 11,932,441
• Old Republic General Insurance Group, Inc. / Old Republic Insurance Company et al. v. Intellectual Ventures II LLCInstitution denied
  PTAB · Apr 15, 2016 · CBM2015-00184 · APJ Jon B Tornquist · CBM · Institution

  The Board denied institution for claims 1-49 because Petitioner did not establish that the patent was eligible for covered business method review.

  RulingsInstitution decision

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

    “We apply 35 U.S.C. § 324(a), which provides that a post-grant review may not be instituted “unless . . . the information presented in the petition . . . would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable.” For the reasons that follow, we do not institute a covered business method patent review.” slip op. at 2

  Discretionary denial
  Patents in suitUS 6,546,002

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