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ARTICLE · 23 DECEMBER 2021

Hirschfeld Issues Second Post-Arthrex Grant Of Director Review

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On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review...

United StatesIntellectual Property
Evan Jones
Evan Jones
Joshua Nightingale
Joshua Nightingale
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On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review process was implemented by the USPTO. The order was issued in IPR2018-00733, where petitioner Proppant Express LLC (“PropX”) challenged U.S. Patent No. 9,440,785 (“the '785 patent”), owned by Oren Technologies, LLC. The '785 patent relates to proppant storage containers for fracking and a method for providing fracking proppant at a well site via transportation and storage of the containers.

Prior to the order granting the Director Review petition, PropX challenged a related patent  owned by Oren, U.S. Patent No. 9,403,626 (“the '626 patent”). See Proppant Express Invests, LLC v. Oren Techs, LLC, IPR2017-01918. In a Final Written Decision issued on February 14, 2019, the PTAB found that the challenged claims of the '626 patent were unpatentable as obvious. See Proppant

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