PTAB Admits Mistake, Reverses, and Institutes
By EsqSocial Corporation 09/06/21
In a rare turn of events the Patent Trial and Appeal Board recently granted a rehearing request in Maxlite, Inc. v. Jiaxing Super Lighting Elec. Appl. Co., Ltd., No. IPR2020-00208, Paper 14 (P.T.A.B. June 1, 2021), stating that “we abused our discretion in denying institution” based on an improper allocation of the parties’ burdens when a petitioner challenges an alleged priority date. The decision provides insight for both patent owners and petitioners in the high-stakes game of inter partes...
By: Mintz - Intellectual Property Viewpoints