NetList Inc (NLST)

[100lbStriper]

NLST Part of Warrick's direct email to USPTO/PTAB Director Vidal quoted below — full email gets to the point and worth a read... Dir Rvw Rqst can be long, technical, in the weeds for some — Warrick 💪🏼

"These errors implicate important issues of law and policy regarding priority disputes in inter partes review proceedings. For example, placing undue emphasis on whether a priority document expressly discloses a claim limitation runs counter to binding Federal Circuit precedent and can lead—as it did here—to findings of unpatentability based on references that are not prior art. The Board’s Final Written Decision also exacerbates a panel split regarding the Patent Owner’s burden of production when a Petitioner challenges priority. Director Review provides an opportunity to clarify that Patent Owners need not expend limited resources and word count “responding” to arguments not made by Petitioners. These and other issues highlighted in the Request warrant the Director’s intervention."

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