Institution of post-grant review
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 10% most-cited · cited by 21 decisions
21
Citing decisions
6+
Courts citing
Citations by decade
15
6
2010s2020s
Courts citing this statute
Most recently cited by10
- 2023McKay v. Sazerac Company, Inc. N.D. Cal.
- 2021New Vision Gaming v. Sg Gaming, Inc. Fed. Cir.
- 2021DynaEnergetics Europe GmbH v. Nexus Perforating LLC S.D. Tex.
- 2021Cxloyalty, Inc. v. Maritz Holdings Inc. Fed. Cir.
- 2021US INVENTOR INC. v. HIRSHFELD, in his official capacity Performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office E.D. Tex.
- 2020Sipco, LLC v. Emerson Electric Co. Fed. Cir.
- 2018Wi-Fi One, LLC v. Broadcom Corp. Fed. Cir.
- 2018Tinnus Enterprises, LLC v. Telebrands Corporation Fed. Cir.
- 2017Credit Acceptance Corp. v. Westlake Services Fed. Cir.
- 2017Return Mail, Inc. v. United States Postal Service Fed. Cir.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
The Director may not authorize a post-grant review to be instituted unless the Director determines that the information presented in the petition filed under section 321, if such information is not rebutted, would demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable. The determination required under subsection (a) may also be satisfied by a showing that the petition raises a novel or unsettled legal question that is important to other patents or patent applications. receiving a preliminary response to the petition under section 323; or if no such preliminary response is filed, the last date on which such response may be filed. The Director shall notify the petitioner and patent owner, in writing, of the Director’s determination under subsection (a) or (b), and shall make such notice available to the public as soon as is practicable. Such notice shall include the date on which the review shall commence. The determination by the Director whether to institute a post-grant review under this section shall be final and nonappealable. The Director shall determine whether to institute a post-grant review under this chapter pursuant to a petition filed under section 321 within 3 months after— (Source: (Added Pub. L. 112–29, § 6(d), Sept. 16, 2011, 125 Stat. 306.))