Missed References from Patent Search Insufficient to Avoid Estoppel as PTAB Denies Institution of Second IPR | Practical Law
In Praxair Distribution, Inc. v. INO Therapeutics LLC, the Patent Trial and Appeal Board (PTAB) denied Praxair's petition to institute an inter partes review (IPR) in view of an earlier IPR concerning the same patent because Praxair could have raised the new references that were the basis for the second petition in the first IPR, and its unpatentability arguments were substantially the same as those it presented in the previous IPR.