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When Might a PTAB Rehearing Be Granted?

When Might a PTAB Rehearing Be Granted?

by Matthew Johnson | Feb 21, 2024 | PTAB News, Request for Reconsideration

By Sabrina Bellantoni and Matt Johnson – Recently, the Patent Trial and Appeals Board (“PTAB”) granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted a trial on all the challenged claims on all the...
Penumbra Illuminates Priority Dates Pre and Post-AIA

Penumbra Illuminates Priority Dates Pre and Post-AIA

by Sarah Geers | Dec 28, 2023 | Prior Art Issues, PTAB News, Request for Reconsideration

By Luke Cipolla, Daniel Sloan, Robert Breetz, Sarah Geers, and Matt Johnson – USPTO Director Kathi Vidal recently designated precedential section II.E.3 of Penumbra, Inc. v. RapidPulse, Inc. and clarified that the priority analysis for an AIA reference patent as...
USPTO Director Orders Rehearing Panel Review of Second Denied IPR

USPTO Director Orders Rehearing Panel Review of Second Denied IPR

by Carl Kukkonen | Dec 14, 2023 | PTAB News, PTAB Trial Basics, Request for Reconsideration, Trial Institution

By Ben Baek* and Carl Kukkonen – On November 16, 2023, USPTO Director Kathi Vidal ordered a Delegated Rehearing Panel (“DRP”) to review whether the PTAB misapprehended or overlooked certain issues when denying challenger SynAffix B.V.’s petition for inter partes...
Panel Grants Rehearing and Reverses Itself On Patentability

Panel Grants Rehearing and Reverses Itself On Patentability

by Lisa Furby | Feb 9, 2023 | Prior Art Issues, Request for Reconsideration

By Ryan Mueller and Lisa Furby – On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996,...
Recap: Post-Arthrex Director Reviews State of Play

Recap: Post-Arthrex Director Reviews State of Play

by Matthew Johnson | Jun 10, 2022 | Final Written Decisions, PTAB News, Request for Reconsideration

By Ben Baek,* Mike Lavine, and Matt Johnson – In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director review of a Final Written...
Fintiv Revisited—District Court Transfer Results in Institution Reversal

Fintiv Revisited—District Court Transfer Results in Institution Reversal

by David Maiorana | Feb 15, 2022 | Request for Reconsideration, Trial Institution

By David Linden and Dave Maiorana – In November 2020, Google LLC filed two petitions requesting an inter partes review of the claims of Ikorongo Technology LLC (“Ikorongo”) owned U.S. Patent No. 8,874,554 (“the ’554 patent”).  Separate petitions were filed to...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.