Background – Multiple Petitions -

Multiple Petition Filings in PTAB Trials (IPR/PGR/CBM) -

•The statutes for IPR, PGR and CBM do not provide many limits on filing of petitions

–Numerous patents have been challenged by more than one petition, sometimes filed by the same petitioner

–The USPTO has provided examples where multiple petitions can be filed. Fed. Reg. 77, 48612 at 48635 (Sep. 2012)

•In practice, the Board’s decisions in multiple petition cases vary significantly

-