As stated in 35 U.S.C. § 325(d) Multiple Proceedings.— Notwithstanding sections 135 (a), 251, and 252, and chapter 30 sections 135 (a), 251, and 252, and chapter 30, during the pendency of any post-grant review under this chapter, if another proceeding or matter involving the patent is before the Office, the Director may determine the manner in which the post-grant review or other proceeding or matter may proceed, including providing for the stay, transfer, consolidation, or termination of any such matter or proceeding. In determining whether to institute or order a proceeding under this chapter, chapter 30, or chapter 31, the Director may take into account whether, and reject the petition or request because, the same or substantially the same prior art or arguments previously were presented to the Office (emphasis added).
Today, the Patent Trial and Appeal Board (PTAB) designated the following decisions as "informative" as to denial of institution of inter partes review under 35 USC § 325(d).
Medtronic, Inc. v. Nuvasive, Inc. (September 2014)
Unified Patents, Inc. v. PersonalWeb Techs. (July 2014)
Prism Pharma Co., Ltd. v. Choongwae Pharma Corp. (July 2014)
Unilever, Inc. v. Procter & Gamble Co. (July 2014)
Intelligent Bio-Systems, Inc. v. Illumina Cambridge Limited (November 2013)
ZTE Corp. v. ContentGuard Holdings, Inc. (September 2013)
For copies of other PTAB decisions
Copyright © 2014 Robert Moll. All rights reserved.
