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Written April 9, 2019
The PTAB on April 5, 2019, designated as precedential Huawei Device Co., Ltd. v. Optis Cellular Technology, LLC, Case IPR2018-00816 (PTAB Jan. 8, 2019) (Paper 19). The decision provides guidance as to the procedure for submitting new evidence with a rehearing request and explains that a party must show good cause for submitting new evidence.
The PTAB also designated as informative Chevron Oronite Co. LLC v. Infineum USA L.P., Case IPR2018-00923 (PTAB Nov. 7, 2018) (Paper 9), and Deeper, UAB v. Vexilar, Inc., Case IPR2018-01310 (PTAB Jan. 24, 2019) (Paper 7). The former decision denies institution under § 314(a) where the petitioner demonstrates a reasonable likelihood of prevailing only as to two claims out of 20 claims challenged. The latter decision denies institution under § 314(a) where the petitioner demonstrates a reasonable likelihood of prevailing only as to two claims out of 23 claims challenged and only as to one of four asserted grounds of patentability.
The PTAB also designated as informative Chevron Oronite Co. LLC v. Infineum USA L.P., Case IPR2018-00923 (PTAB Nov. 7, 2018) (Paper 9), and Deeper, UAB v. Vexilar, Inc., Case IPR2018-01310 (PTAB Jan. 24, 2019) (Paper 7). The former decision denies institution under § 314(a) where the petitioner demonstrates a reasonable likelihood of prevailing only as to two claims out of 20 claims challenged. The latter decision denies institution under § 314(a) where the petitioner demonstrates a reasonable likelihood of prevailing only as to two claims out of 23 claims challenged and only as to one of four asserted grounds of patentability.
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