Discretionary Denials of Inter Partes Review and Post Grant Review of Patents by the Patent Trial and Appeal Board

I.      Introduction The 2011 America Invents Act (“AIA”) introduced two new proceedings to challenge patent claims in the U.S. Patent & Trademark Office (“USPTO”): “inter partes review” (“IPR”) and “post grant review” (“PGR”).[1]  To challenge one or more patent claims in an IPR or PGR proceeding, the challenger must file a petition, which is reviewed…