If at First You Don't Succeed... Change Your Petition

The PTAB declined to institute an inter partes review (IPR) proceeding after a petitioner challenged a patent for a second time and with substantially the same arguments. In the eyes of the Board, the second petition did nothing more than try to remedy the first, deficient petition using the same prior art, a process frowned upon by the PTAB.

 

The case of Whole Space Industries, Ltd. v. Zipshade Industrial (BVI) Corp., (Case IPR2015-01632, January 29, 2016 Dec. Den. Inst.) involves a control system and method for raising and lowering window shades. The invention raises and lowers pleated window shades and Venitian blinds without requiring the manipulation of a cord or string.

 

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