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ARTICLE · 14 SEPTEMBER 2017

PTAB Grants Rare Request For Rehearing And Modifies Final Written Decision

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The portions of King '054 asserted to anticipate claims 1-5, 7 and 9 were also attributed to Mr. King alone, but there was a dispute as to the inventorship of the portions of King '054 applied against Claims 8 and 10.

United StatesIntellectual Property
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
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In an August 18, 2017, decision, the Patent Trial and Appeal Board (PTAB or the "Board") granted a patent owner's request for rehearing and modified a previously issued Final Written Decision to hold that the petitioner failed to show that any of the challenged claims were unpatentable.

In its petition, Duncan Parking Technologies (DPT) argued that Claims 1-5 and 7-10 of U.S. Patent No. 7,854,310 ("King '310") were anticipated by an earlier patent with partially overlapping inventors, U.S. Patent No. 8,595,054 ("King '054"). The Board issued a Final Written Decision holding that DPT had not carried its burden to show that Claims 1-5, 7 and 9 of King '310 were anticipated by King '054, but that DPT had established that Claims 8 and 10 of King '310 were unpatentable. In reaching different conclusions regarding these claims, the Board looked to the inventorship of the claims at issue: the parties agreed that all named inventors of King '310 contributed to Claims 8 and

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