Winning An Unwinnable PTAB Rehearing

Law360 (January 8, 2020, 12:39 PM EST) -- There are strategies that can increase the odds of overcoming the often futile exercise of requesting rehearing at the Patent Trial and Appeal Board. The board at least partially grants requests for rehearing in only about 7% of 1,645 cases.

Making matters worse, the board sometimes grants requests for rehearing only to elaborate on the reasons for its original decision, or to simply correct typographical errors, such as mistakenly including or excluding a claim in a decision on institution.[1]

As a comparison, district courts granted 16% of 155 requests for reconsideration of motions for summary judgment of invalidity from 2008 to...

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