Prior Art Asserted in Second Petition Should Have Been Asserted in the First, PTAB Litigation Blog
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The PTAB denied institution of a second inter partes review (“IPR”) petition filed by Aylo Freesites (“Petitioner”) after having previously instituted inter partes review of Petitioner’s first petition related to the same patent owned by DISH Technologies (“Patent Owner”). Applying the “General Plastic factors,” the PTAB was unpersuaded by Petitioner’s attempts to justify the “two staggered petitions”—notably, the PTAB found that the challenged claim sets had “significant overlapping subject matter” and the Petitioner should have known of the primary reference cited in its second petition at the time it filed its first. See Aylo Freesites LTD, v. DISH Technologies L.L.C., IPR2024-00517, Paper 13 (August 7, 2024).
