• Henny Penny Corporation v. Frymaster L.L.C.Rehearing denied
  PTAB · Jan 20, 2017 · IPR2016-01435 · APJ Bart A Gerstenblith · IPR · Rehearing

  The Board denied Henny Penny’s rehearing request, leaving institution on two obviousness grounds and denial of the other nine grounds unchanged.

  RulingsRehearing decision

  • RehearingRehearing, deniedDenied

    “I. STANDARD OF REVIEW Under 37 C.F.R. § 42.71(c), “[w]hen rehearing a decision on petition, a panel will review the decision for an abuse of discretion.” An abuse of discretion occurs when a “decision was based on an erroneous conclusion of law or clearly erroneous factual findings, or . . . a clear error of judgment.” PPG Indus., Inc. v. Celanese Polymer Specialties Co., 840 F.2d 1565, 1567 (Fed. Cir. 1988) (citations omitted). The request must identify, specifically, all matters the party believes the Board misapprehended or overlooked, and the place where each matter was addressed previously in a motion, opposition, or reply. See 37 C.F.R. § 42.71(d).” slip op. at 2

  None
  Patents in suitUS 8,497,691

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.