Director Vacates Decision Based on Improper Claim Construction, PTAB Litigation Blog
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The PTAB denied institution of inter partes review reasoning that Petitioner did not demonstrate a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of any of the challenged claims. The dissent, however, disagreed with the majority’s construction of a term and would have instituted trial based on a different construction of that term. Petitioner filed a request for Director Review of the PTAB’s denial of institution. In its request, Petitioner argued that the majority’s construction of the term “background” improperly relied on a subjective understanding of a “user.” The Director agreed that Director review was appropriate and, after review, vacated the PTAB’s decision denying institution and remanded for further proceedings.
