PTAB Decides Concurrent IPR and PGR Petitions After Resolving Priority Date Dispute, PTAB Litigation Blog
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In anticipating a dispute over whether the America Invents Act would apply, Petitioner MPL Brands NV, Inc. (“MPL”) filed concurrent petitions for both inter partes review and post-grant review of U.S. Patent No. 11,932,441 (“’441 patent.”). MPL Brands NV, Inc. v. BuzzBallz, LLC, No. PGR2024-00035, Paper 3, at 2. In support of the two filings, MPL cited to the PTAB Consolidated Trial Practice Guide for “the need for multiple petitions ‘when there is a dispute about priority date.’” Id. at 4 (citing Consolidated Trial Practice Guide at 59 (Nov. 2019)).
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