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IDS Initials Insufficient to Show Examiner Did Not Err, PTAB Litigation Blog

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On July 6, 2022, a panel of three Patent Trial and Appeal Board (“PTAB”) administrative patent judges granted institution of inter partes review (“IPR”) in STMicroelectronics, Inc. v. Trustees of Purdue University.  See IPR2022-00309.  In doing so, the PTAB considered whether, under 35 U.S.C. § 325(d), the examiner errored in a manner material to the patentability of the challenged claims, applying the two-part framework prescribed in Advanced Bionics. See IPR2022-00309, Paper 14 (citing Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH IPR2019-01469, Paper 6 at 8 (PTAB Feb. 13, 2020)).

Ibrahim Ijaz, in the Boston Office, assisted with the preparation of this Blog.

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