I just saw this interesting report from Steven Carlson and Ryan Schultz of Robins Kaplan on duplicative IPR filings. [Synopsis][Full Report with data]. They looked at the most frequent filers of inter partes review proceedings and found the following:
Over 56 percent of Apple’s petitions are duplicative, in that they challenge at least one claim that is the subject of attack by another Apple petition. Microsoft is even higher, at 59 percent. Samsung, Google and LG have 38 percent, 38 percent and 34 percent duplicative petitions, respectively.
The article provides its expectation that the PTO will likely become even more aggressive at limiting this approach of repeat filings. “Therefore it may be prudent to concentrate the best arguments into a single petition, that is, to only count on a single bite at the apple.”