PTAB Designates as Precedential the General Plastics Decision on Follow-On Petitions

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On October 18, 2017, the PTAB designated as “precedential” a major portion of its prior decision in General Plastic Industrial Co., Ltd. v. Canon Kabushki Kaisha. The decision was previously designated “informative,” but now, as a “precedential” decision, binds all members of the Board.

The PTAB “precedential” designation was limited to Section II.B.4.i. of the decision, which adopts the seven factors for evaluating follow-on petitions first laid out in NVIDIA Corp. v. Samsung Elec. Co., IPR2016-00134, Paper 9 (P.T.A.B. May 4, 2016). The expanded panel in General Plastic cautioned that “the absence of any restrictions on follow-on petitions would allow petitioners the opportunity to strategically stage their prior art and arguments in multiple petitions, using our decisions as a roadmap, until a ground is found that results in the grant of review.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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