Acting U.S. Patent and Trademark Office (USPTO) Director Coke Morgan Stewart issued a Director Review decision Monday, May 19, designated precedential by the Patent Trial and Appeal Board and clarifying that a petitioner for inter partes review (IPR) who challenges claims using prior art previously presented to the USPTO on an information disclosure statement (IDS) must provide an analysis of how the Office erred in “a manner material to the patentability of challenged claims”.

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