INFORMATIVE: Conflicting Claim Construction Positions Result in Denial, PTAB Litigation Blog
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USPTO Director John Squires issued a decision on November 5, 2025, vacating a prior institution decision and denying institution in Tesla, Inc. v. Intellectual Ventures II LLC, IPR2025-00340, Paper 18. Director Squires denied the Petitioner’s request for institution because the Petitioner did not provide a sufficient explanation—as required by Cambridge Mobile and Revvo Techs.—for why it was advancing indefiniteness in district court but plain and ordinary meaning before the PTAB. Director Squires found Petitioner’s explanation that it was barred from raising an indefiniteness challenge in an IPR, without more, to be insufficient.
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