In FLIR Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411, Paper 10 (September 5, 2014), the Board consolited two inter partes reviews directed to different but related patents. In IPR2014-00411 inter partes review was instituted as to claims 1-22, 31, 37-40, 42-56, and 58 of Patent No.8,426,813. In IPR2014-00434 inter partes review was been instituted as to claims 1-7 and 9-20 of Patent No. 8,193,496.

The Board noted that the claimed invention of the ’813 patent is to an apparatus and the claimed invention of the ’496 patent is to a method of using the apparatus, and the disclosure of the ʼ813 patent and the disclosure of the ʼ496 patent are essentially identical.  The Petitioner’s witness in both IPRs is the same and his Declaration testimony overlaps considerably.  The testimony of any additional witness in both IPRs is expected in large measure to overlap.  The Board concluded that in order to secure a just, speedy, and inexpensive resolution of both proceedings, 37 C.F.R. § 42.1(b), and in view of some common issues in both IPRs, trial in IPR ʼ411 and the trial in IPR ʼ434 will be consolidated. 37 C.F.R. § 42.5(a).