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US PTAB Delegated Review Panel upholds denial of Siemens petition for review

By Melissa Ritti ( April 7, 2025, 21:59 GMT | Insight) -- Siemens Mobility, Ground Transportation Systems USA and Piper Networks won’t get a second bite at the inter partes review apple, thanks to a decision rendered Friday by the Patent Trial and Appeal Board’s Delegated Review Panel.  Acting Director Coke Morgan Stewart, in one of her first actions in office, singled out as potentially problematic the original PTAB panel’s November 2024 decision to deny institution of IPR. The DRP on Friday said the right result was reached — despite their disagreement with the original panel that a reference appearing only on an examiner’s search report rises to the level of prior art "previously before the office.”Patent Trial and Appeal Board Vice Chief Administrative Patent Judge Michael W. Kim clarified Friday that “a reference appearing only in an Examiner’s search history isn't deemed previously presented art” under Section 325(d) of the America Invents Act....

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