Thus, a motion for reconsideration that does not explicitly direct the Board to a citation in a prior filing by the party may be rejected even if that matter was in fact previously argued to the Board. įurther, pursuant to 37 CFR § 42.71(d), "he request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was previously addressed in a motion, an opposition, or a reply." In practice, the Board strictly adheres to these requirements. The abuse of discretion standard of review is the same heightened standard federal appeals courts use to review district court factual findings. Under 37 CFR § 42.71(c), "hen rehearing a decision on petition, a panel will review the decision for an abuse of discretion." While not explicitly stated in the regulations, the Board in practice has extended this standard to other motions for reconsideration, regardless of cause. For these reasons, motions for reconsideration are almost always denied. However, the party requesting reconsideration must clearly point out the Board’s error and provide direct support for its position from its original submission to the Board. Whether it is a ruling on the institution of a proceeding, a discovery order, a final decision, or otherwise, any aggrieved party may request reconsideration through a rehearing on any decision made by the Board. Within these proceedings, the Board makes decisions that initiate and determine the scope of the post-grant challenge and, similar to traditional district court proceedings, decisions that manage discovery and determine the overall outcome.
#SAMPLE MOTION FOR RECONSIDERATION FEDERAL TRIAL#
New post-grant proceedings at the Patent Trial and Appeal Board ("PTAB" or the "Board") provide an accelerated forum to challenge patentability at the United States Patent and Trademark Office ("USPTO").