Petitioner and His Money are Soon Parted: Separate Fee Payments Do Not Reduce Risk of Non-Institution of Redundant Grounds

Authored by Michelle Carniaux and Michael E. Sander

The PTAB has recently begun pushing back on (alleged) attempts to circumvent the PTAB’s policy against including “redundant grounds” in IPR trials.

The PTAB’s redundancy policy is not new. Within a month of opening its doors, the PTAB made it clear that it will not allow an IPR petitioner to make multiple similar arguments challenging the validity of the same claims within an IPR petition, i.e., the PTAB will not entertain “redundant” grounds of invalidity raised in an IPR petition:

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