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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.
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