Common use of Sufficient grounds Clause in Contracts

Sufficient grounds. Inter partes re- view shall not be instituted for a ground of unpatentability unless the Board decides that the petition sup- porting the ground would demonstrate that there is a reasonable likelihood that at least one of the claims chal- lenged in the petition is unpatentable. The Board’s decision will take into ac- count a patent owner preliminary re- sponse where such a response is filed, including any testimonial evidence, but a genuine issue of material fact created by such testimonial evidence will be viewed in the light most favor- able to the petitioner solely for pur- poses of deciding whether to institute an inter partes review. A petitioner may seek leave to file a reply to the pre- liminary response in accordance with §§ 42.23 and 42.24(c). Any such request must make a showing of good cause. [77 FR 48727, Aug. 14, 2012, as amended at 00 XX 00000, Xxx. 1, 2016] AFTER INSTITUTION OF Inter Partes REVIEW

Sufficient grounds. Inter partes re- view shall not be instituted for a ground of unpatentability unless the Board decides that the petition sup- porting the ground would demonstrate that there is a reasonable likelihood that at least one of the claims chal- lenged in the petition is unpatentable. The Board’s decision will take into ac- count a patent owner preliminary re- sponse where such a response is filed, including any testimonial evidence, but a genuine issue of material fact created by such testimonial evidence will be viewed in the light most favor- able to the petitioner solely for pur- poses of deciding whether to institute an inter partes review. A petitioner may seek leave to file a reply to the pre- liminary response in accordance with §§ 42.23 and 42.24(c). Any such request must make a showing of good cause. [77 FR 48727, Aug. 14, 2012, as amended at 00 XX 00000, Xxx. 1, 2016] AFTER INSTITUTION OF Inter Partes REVIEW]