Intex v. Bestway: The PTAB Does Not Always Conduct A Claim-By-Claim Analysis At The Institution Stage, And Evidence From A Parallel Litigation May Increase The Likelihood That The PTAB Will Institute A Review Of All The Challenged Patent Claims

The PTAB’s recent institution decision in Intex v. Bestway (IPR2016-00180) is notable for two reasons: (1) it demonstrates that the PTAB does not always conduct a claim-by-claim analysis of every challenged claim in a petition before electing to institute a post-grant...