On March 24, 2020, the Patent Trial and Appeal Board (PTAB) designated two opinions as precedential regarding the Board’s discretion to deny inter partes review (IPR) petitions.
The Board’s decisions in Advanced Bionics LLC v. MED-EL Elektromedizinische Gerate GmbH and Oticon Medical AB v. Cochlear Limited regarded the PTAB’s discretion to grant IPR only if the petitioner presents sufficient additional prior art not considered during a patent prosecution.
