Two Many IPRs: Different References Insufficient for Parallel IPRs, PTAB Litigation Blog
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The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent. Shenzhen Root Tech. Co., Ltd. v. Chiaro Tech. Ltd., IPR2024-00953, Paper 18 (PTAB Dec. 16, 2024).
Petitioner filed the first petition on May 31, 2024. On July 22, 2024, Petitioner requested administrative dismissal of this petition in favor of a new petition, asserting that it would be “best to just hit the reset button” with an updated petition with additional information. Before the Board decided on the dismissal request and before Patent Owner filed its Preliminary Response, Petitioner filed a parallel petition against the same claims of the same patent.