PTO Litigation : CAFC Alert

CBM Petitions – Second Chances Can Be Tough

| June 17, 2015 L.P., Inc., and Expedia, Inc. v. Cronos Technologies, LLC (Case CBM2015-00047)

June 15, 2015

Before:  Jennifer S. Bisk, James B. Arpin, and Lynne E. Pettigrew, Administrative Patent Judges.  Opinion by Arpin.


The Patent Trial & Appeal Board (“PTAB”) decided not to institute a covered business method patent review (“CBM”) of any challenged claim of U.S. Pat. No. 5,664,110 (“the ‘110 patent”).  Travelocity, Priceline, and Expedia’s (“Petitioner”) joint request was denied because the Petition included “substantially similar arguments presented and the same references applied” in CBM2014-00082, an earlier Petition filed by Petitioner that was denied by the PTAB.

The PTAB expressly cautioned against taking a “second bite at the apple” and remarked that “a decision on a petition for covered business method review is not simply part of a feedback loop by which a petitioner may perfect its challenges through subsequent filings.”

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