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

Visit the PTAB Litigation Blog 

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.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.