The US Court of Appeals for the Federal Circuit has held that a petitioner could rechallenge claims of a patent that it had previously asserted but had not been reviewed by the Patent Trial and Appeal Board (PTAB). On June 9, in a precedential decision, the Federal Circuit backed finance company Westlake in finding that petitioners in covered business method (CBM) reviews were not barred under estoppel from rechallenging claims if the PTAB had not issued a final written decision on the specific claims.
In light of the developments in section 101 jurisprudence, Westlake filed a second petition for CBM review, again challenging claims 10–12 and 14–33 as patent-ineligible under the section. Credit Acceptance appealed but the Federal Circuit affirmed the PTAB’s decision.

Source: WIPR