In view of the increasing number of petitions for inter partes review filed before the Patent and Trial Appeal Board since its inception more than six years ago, the PTAB has increased its scrutiny of so-called “serial” petitions—multiple petitions filed challenging the same patent. In this first part of a two-part article series, we examine the laws and rules governing institution of multiple IPR petitions challenging the same patent, including the PTAB's approach to exercising its discretion to institute or deny institution of multiple petitions and recent updates to the PTAB Trial Practice Guide. In view of the Board's expanding use of discretion to manage its docket, this article series offers practice tips for practitioners that are considering filing an additional petition challenging a previously challenged patent.

Originally published in Bloomberg Law - September 2019.