Apple Inc. v. Rensselaer Polytechnic Institute and Dynamic Advances, LLC, Decision Expunging Request for Rehearing IPR2014-00320
Thursday, September 11, 2014

Takeaway: The Board will likely find that a second request for rehearing before an expanded panel is not allowed under the Rules.

In its Decision, the Board expunged Petitioner’s request for a second rehearing before an expanded panel. Petitioner timely filed a request for rehearing of the Board’s Decision Not to Institute aninter partes review of the ’798 Patent, which was denied.  Petitioner then requested rehearing by an expanded panel, citing to Rule 42.5(a), which authorizes the Board to take action in a proceeding “in any situation not specifically covered by this part . . . .”  The Board found that because a request for rehearing is covered by Rule 42.71(d), it will not rely on Rule 42.5(a).  Petitioner also argued that the second rehearing was a request for a rehearing of the decision to deny the first rehearing, but the Board found this was more form over substance.  Finally, the Board found that even if a second request for rehearing was allowable under Rule 42.71(d), Petitioner’s request is untimely and was not authorized by the Board.

Apple Inc. v. Rensselaer Polytechnic Institute and Dynamic Advances, LLC, IPR2014-00320
Paper 18: Decision Expunging Request for Rehearing
Dated: September 8, 2014
Patent: 7,177,798 B2
Before: Josiah C. Cocks, Bryan F. Moore, and Miriam L. Quinn
Written by: Moore

 

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