PTAB Grants Request for Rehearing

The PTAB rarely grants a request for rehearing on its decision to deny institution of a covered business method (CBM) or inter partes review (IPR). It is common for petitioners to request such rehearings, but exceedingly rare for the Board to grant them. The case of Milwaukee Electric Tool Corp. v. Irwin Industrial Tool Co., case IPR2015-01462, (January 15, 2016) illustrates just how difficult it is to convince the PTAB to change their mind.

 

In Milwaukee Tool, the PTAB relented on its earlier decision to deny the inter partes review of certain claims of a patent directed to a hole cutter due to a typographical error in the original petition. Specifically, Milwaukee Tool petitioned for rehearing because the Petition included “a typo[graphical error] in the heading [that] might have caused the Board to overlook claims 21-30 in Ground 2 of the Petition.”

 

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