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USPTO clarifies standard for patentee Information Disclosure Statements

By Nick Robertson ( May 20, 2025, 16:06 GMT | Insight) -- US Patent and Trademark Office Acting Director Coke Morgan Stewart yesterday vacated a denial of institution in an inter partes review of an RAI Strategic Holdings vape patent. In a precedential decision, Stewart concluded that the Patent Trial and Appeal Board erred by not fully considering the Becton Dickinson factors, which govern 35 U.S.C. § 325(d) denials. On remand, she said the board must also consider a potential discretionary denial in view of updated USPTO guidance and parallel proceedings initiated by RAI at the US International Trade Commission against IPR petitioners Ecto World and SV3.The Patent Trial and Appeal board must take a second look at a petition for inter partes review (IPR) by Ecto World and SV3 of a vape patent owned by RAI Strategic Holdings, after US Patent and Trademark Office Acting Director Coke Morgan Stewart yesterday granted director’s review and vacated the board’s denial of institution....

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