In Nespresso USA, Inc. v. K-fee System GmbH, IPR2021-01222, Paper 9, at 25 (PTAB Jan. 18, 2022), the Board denied institution under 35 U.S.C. § 325(d), rejecting Petitioner's argument that "the examiner erred by.
Expert Testimony Alone Insufficient to Show Examiner's Material Error in Considering Prior Art - In Nespresso USA, Inc. v. K-fee System GmbH, IPR2021-01222, Paper 9, at.
In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director.
Following the Supreme Court's June decision in U.S. v. Arthrex, which reigned in the "unreviewable authority wielded by the APJs during inter partes review[s],".