Rehear Here: Tracking Successful Requests for Rehearing in Inter Partes Reviews

By Roshan S. Mansinghani and Robert K. Jain

Published in Landslide Vol. 11 No.2, ©2018 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

While Congress allows only certain issues of inter partes review to be appealed (to the Federal Circuit), federal regulations allow requests to the Patent Trial and Appeal Board (PTAB) itself to reconsider its decisions. These rehearing requests are rarely successful—perhaps because they require a panel to decide it misapprehended or overlooked an issue such that it constituted an abuse of discretion. Here we comprehensively examine the 2017 inter partes review rehearing decisions, their timing, and the outcomes.

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