Prosecution Error Evidence & Timing Considerations Sends IPR Forward, <i>PTAB Litigation Blog</i>

December 22, 2025 Blog

The USPTO’s Acting Deputy Director, Coke Morgan Stewart, issued a decision on October 3, 2025, declining to exercise discretion to deny institution in Carbyne, Inc. v. Tritech Software Systems, IPR2025-00959, Paper 11 (Oct. 3 2025). Carbyne (“Petitioner”) filed its petition on May 9, 2025, challenging U.S. Patent RE50,016 E, entitled “SMS communication during emergencies.” Tritech Software Systems (“Patent Owner”) sought discretionary denial under 35 U.S.C. §§ 314(a) and 325(d), invoking the Fintiv factors and arguing that the petition repackaged prior art previously considered or cumulative of the prosecution record.

* Ruth Brindel, a member of the New Lawyers Group in Jones Day’s Chicago Office, assisted in the preparation of this blog.

Read the full article at ptablitigationblog.com.

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Prosecution Error Evidence & Timing Considerations Sends IPR Forward, PTAB Litigation Blog

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