The PTAB designated a Director Review decision as informative, wherein Acting Director Stewart criticized the Board's prior acceptance of two overlapping petitions for inter partes review. Stewart argued that allowing two petitions for the same patent claims under different constructions burdens both the Board and the patent owner. The decision emphasizes that the Board should have limited the petitions to one by establishing a single construction of the claims in question, thereby ensuring fairer, more efficient processes in patent challenges.
Allowing Petitioner more than one petition to challenge the same claims under two different claim constructions effectively expands the permitted word count and places 'a substantial and unnecessary burden on the Board and the patent owner..."
The Board should have construed the claim itself and then instituted one of the petitions at most.
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