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  • PTAB · Jan 27, 2022 · CBM2018-00031 · APJ Frances L Ippolito · CBM · Rehearing

    The Board granted Patent Owner’s rehearing request by authorizing a request for Director rehearing of the final written decision finding claims 1–9 unpatentable under § 101.

    RulingsRehearing decision
    • RehearingRehearing, grantedGranted

      “STANDARD A party requesting rehearing bears the burden of showing that a decision should be modified. 37 C.F.R. § 42.71(d). The party must identify all matters it believes the Board misapprehended or overlooked, and the place where each matter was addressed previously in a motion, an opposition, or a reply. Id. When rehearing a decision, we review the decision for an abuse of discretion. See generally 37 C.F.R. § 42.71 (b)–(d). 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).” slip op. at 2

    None
    Patents in suitUS 7,246,093
  • PTAB · Jan 27, 2022 · CBM2018-00021 · APJ Michael W Kim · CBM · Rehearing

    The Board granted Patent Owner’s request for rehearing and authorized it to seek Director rehearing of the final written decision within 30 days.

    RulingsRehearing decision
    • RehearingRehearing, grantedGranted

      “STANDARD A party requesting rehearing bears the burden of showing that a decision should be modified. 37 C.F.R. § 42.71(d). The party must identify all matters it believes the Board misapprehended or overlooked, and the place where each matter was addressed previously in a motion, an opposition, or a reply. Id. When rehearing a decision, we review the decision for an abuse of discretion. See generally 37 C.F.R. § 42.71 (b)–(d). 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).” slip op. at 2

    None
    Patents in suitUS 6,618,707

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.