Patent Decision Offers New Look at Weighing of Factors for Discretionary Denial by PTAB

David H. Holman, Lestin L. Kenton Jr., and Kristina Caggiano Kelly of Sterne, Kessler, Goldstein & Fox PLLC discuss the decision Vivendum Product Solutions, Inc. v. Rotolight Ltd and note its potential impact on discretionary denial of institution by the Patent Trial and Appeal Board.

A current case to watch at the Patent Trial and Appeal Board (PTAB) is Vivendum Product Solutions, Inc. v. Rotolight Ltd, IPR2023-01218, due to its potential impact on the weight accorded to General Plastic discretionary denial factor 1 when multiple petitions are filed against the same patent.

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