Blogs, Commentary & News

Second bites permitted: PTO estoppel does not apply to claims on which trial was not instituted


On May 14, 2015, the Board issued a precedential opinion in Westlake Services, LLC v. Credit Acceptance (CBM2014-00176). In that opinion, the Board denied patent owner’s motion to terminate because a petition challenging the same claims was filed (but not instituted on) previously. In denying patent owner’s motion, the Board confirmed that estoppel before the […]