Director Vidal issues a precedential sua sponte Director review decision clarifying the application of General Plastic to follow-on petitions

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Director Vidal issues a precedential sua sponte Director review decision clarifying the application of General Plastic to follow-on petitions

Code200, UAB v. Bright Data, Ltd., IPR2022-00861, Paper 18 (Aug. 23, 2022)

This Director review decision orders sua sponte rehearing, vacates the PTAB panel Decision Denying Institution, and remands to the panel for proceedings consistent with this decision. This decision clarifies that when a follow-on petition (also known as a “serial” petition) has substantial overlap with an original petition, which was denied based on discretionary considerations, “road-mapping” concerns are minimized and General Plastic Factors 1-3 weigh against discretionary denial of institution in view of the prior petition.   

Learn more about PTAB precedential and informative decisions and the status of Director review requests.

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