PTAB designated two recent decisions as being precedential--LG Elec., Inc. v. Mondis Tech Ltd., IPR2015-00937, Paper 8 (PTAB Sept. 17, 2015); and Westlake Services, LLC v. Credit Acceptance Corp., CBM2014-00176, Paper 28 (PTAB May 14, 2015). In LG Electronics, LG was served with two complaints, one in 2008 and another in 2014. The 2008 case settled and was dismissed in part with prejudice. The 2014 complaint was served less than a year prior to filing the petition. In refusing the IPR, PTAB disagreed with LG's argument that "a complaint" means "a latest" complaint and that the 2014 complaint makes it eligible to file the IPR. In Westlake, Westlake filed a follow-on CBM petition after PTAB's partial Institution Decision in which the Board opted not to consider some claims. Following issuance of a Final Written Decision, patentee filed a motion to terminate the follow-on petition arguing that the Final Written Decision incorporates the Institution Decision by reference and thus, applies to all claims challenged in the petition, not just the claims on which trial is instituted. PTAB disagreed and found that non-instituted claims are not claims that have resulted in a Final Written Decision.
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