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Relying on 35 U.S.C. § 314(a), the Patent Trial and Appeal Board has articulated its reluctance to review "follow-on" petitions challenging the validity of patents that have been previously subjected to inter partes review. As discussed in prior posts, these rejected follow-on petitions include not only ones by the same petitioner, but also those filed by different petitioners and co-defendants. See United Fire Protection Corp. v. Engineered Corrosion Sol’ns, LLC, Case IPR2018-00991 (PTAB Nov. 15, 2018) (Paper 10) and Valve Corp. v. Elec. Scripting Prod., Inc., Case IPR2019-00062 (PTAB April 2, 2019) (Paper 11) (precedential).
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