Claim Construction Issues and Large Number of Claims Not Enough to Institute a Second Petition for Inter Partes Review

May 12, 2025 Patent Trial & Appeal Board, Inter Partes Review, Patent Litigation, Patent Infringement

The Patent Trial and Appeal Board recently declined to institute a petition for IPR that was filed on the same day that the petitioner filed another petition challenging the same claims of the same patent. The board was not persuaded by petitioner’s arguments that a second petition was needed due to alleged claim construction issues or the number, length or scope differences of the challenged claims.

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