Denying Request for Rehearing of Decision of Institution IPR2013-00520


Takeaway: New arguments not found in the Petition are improper in a Request for Rehearing of an Institution Decision.

In its Order, the Board denied Petitioner’s Request for Rehearing of the Board’s Decision on Institution.  Specifically, Petitioner requested that the Board reverse its determination that Petitioner had not demonstrated a reasonable likelihood of succeeding on one of the alternatively asserted grounds.  Citing to both its rules and Arnold Partnership v. Dudas, 362 F.3d 1338, 1340 (Fed. Cir. 2004), the Board found that the Rehearing Request primarily made new arguments that were not in the Petition, which is improper.  The Board stated that in order to grant a rehearing request, the requestor must show the matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in the motion.  The Board then responded to Petitioner’s new arguments point-by-point, noting in each that Petitioner failed to provide a citation to the original Petition supporting its arguments.

Honda Tsushin Kogyo Co., Ltd. v. Advanced Connection Tech. Inc., IPR2013-00520
Paper 17: Decision on Request for Rehearing
Dated: March 7, 2014
Patent 7,128,617 B2
Before: Howard B. Blakenship, Karl D. Easthom, and Adam V. Floyd
Written by: Easthom