Posts Tagged: "PTAB discretion"

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board exercised its discretion to deny institution of inter partes review (IPR)under 35 U.S.C. § 325(d). In the other, Oticon Medical AB v. Cochlear Limited, the Board concluded that the Petitioner demonstrated a reasonable likelihood of prevailing on its assertion that the claims in question were unpatentable and, thus, instituted IPR.