Voip Pal Com Inc (VPLM)

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PTAB Reconsideration/Rehearing Practice to date....

A request for reconsideration/rehearing is equivalent to a "motion to reconsider" in the federal district courts; the decision on the reconsideration itself is the "rehearing," as no formal rehearing is conducted. In other words, the Board’s granting of a motion provides the requested relief without further argument from the parties.[6] Typically, in its written decision, the Board will outline each argument presented in the Request, address the arguments with specificity, and provide reasoning for either granting or denying based on the evidence brought to its attention in the Request.

Due to the infancy of the new post-grant proceedings, the vast majority of requests for reconsideration filed with the Board have concerned the grant or denial of the institution of the proceeding or the proceeding’s scope (i.e., which particular claims or references from the original petition will be reviewed).

Of the approximately 200[7] requests for rehearing decided as of the date of this writing, only 10 have been granted, and seven of these have granted only partial relief. This is roughly a 5 percent success rate for all motions. Of the requests related to the initial institution decision, only 3.5 percent (six of 169) have been successful.

To date, the Board has not granted reconsideration of a final written decision.


SOURCE: Jones Day