U.S. Court of Appeals for the Federal Circuit, 2018

Bosch Automotive Service v. Iancu

Bosch Automotive Service v. Iancu
U.S. Court of Appeals for the Federal Circuit · Decided March 15, 2018

Bosch Automotive Service v. Iancu

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ BOSCH AUTOMOTIVE SERVICE SOLUTIONS, LLC, Appellant v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE, Intervenor ______________________ 2015-1928 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2014- 00183. ______________________ ON PETITION FOR PANEL REHEARING ______________________ Before NEWMAN, CHEN, and HUGHES, Circuit Judges.

PER CURIAM.

2 BOSCH AUTOMOTIVE SERVICE v. IANCU

ORDER The United States Patent and Trademark Office peti- tions for panel rehearing of this court’s December 22, 2017 opinion, seeking to “clarify a sentence in its prece- dential opinion that could give rise to needless misunder- standings in the future.” Specifically, the USPTO raised the concern that the court’s opinion could be read, incor- rectly, to have interpreted 35 U.S.C. 316(e). Bosch Auto- motive Service Solutions, LLC responded, in a way that supported the USPTO’s view that the opinion could be improperly misread. To avoid that unnecessary possibil- ity, we grant the petition for the limited purpose of amending our earlier opinion.

The sentence beginning at page 22, line 29 is amend- ed to read: “Rather, the petitioner bears the burden of proving that the proposed amended claims are unpatent- able by a preponderance of the evidence.”

Accordingly, IT IS ORDERED THAT: The petition is granted to the limited extent noted above.

FOR THE COURT March 15, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

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