PTAB Permits Extra Briefing to Evaluate Request for Rehearing, PTAB Litigation Blog

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In a recent decision, the PTAB admitted that it erred in its prior determination of unpatentability, and authorized supplemental briefing on the patentability of substitute claims.  See Rimfrost AS v. Aker Biomarine Antarctic AS, IPR2018-00295, Paper No. 40 (PTAB November 22, 2019).  The Board had previously denied Patent Owner’s substitute claims after finding they were invalid over a combination of prior art references.  Patent Owner requested rehearing, noting that the Board improperly relied on a prior art reference not listed in the Petition and the Opposition to Patent Owner’s Motion to Amend the Claims.

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