It Can Happen: PTAB Alters Final Written Decision On Rehearing

Square, Inc. v. REM Holdings 3, LLC

In a rare decision granting a petitioner's rehearing request, the Patent Trial and Appeal Board (PTAB or Board) reversed its earlier position in a final written decision where it found that the petitioner had not shown that certain dependent claims of a challenged patent were unpatentable, explaining that its earlier decision overlooked a material fact and found that the petitioner had shown by a preponderance of evidence and that two challenged dependent claims would have been obvious. In granting the rehearing request, the Board explained that when overlooking a material statement in a petition is sufficient grounds to grant rehearing. Square, Inc. v. REM Holdings 3, LLC, Case IPR2014-00312 (PTAB, Nov. 20, 2015) (Bisk, APJ.)