Director Vidal Orders Rehearing on Adverse Judgment
In a sua sponte Director Review Order, the Director indicated that she did not view Zipit’s counsel’s statements as being an “unequivocal abandonment of the contest.” Instead, Zipit’s counsel’s non-opposition appeared to be contingent on the Board determining that Petitioner met its burden of proving by a preponderance of the evidence that the challenged claims were unpatentable. The Director vacated the Board’s adverse judgment order and remanded to the panel to issue a show cause order clarifying whether Zipit was actually abandoning the contest or to issue a final written decision addressing patentability of the challenged claims.
Practice tip: Patent Owners who are disinterested in participating in a PTAB trial, whether due to weak arguments or cost concerns, should consider requesting that that Board address the merits of a petitioner’s petition rather than conceding that they are abandoning the proceeding.
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