Patent Board Grants Rehearing, Agrees To German Co.'s Challenge

The Patent Trial and Appeal Board has decided to review a Novoluto GmbH patent on a sexual wellness product, after earlier denying a challenge.

The U.S. Patent and Trademark Office tribunal said it overlooked aspects of EIS GmbH’s evidence when it denied review in April. It said there were factual questions that, when viewed in favor of EIS, led the board to believe at least one claim in U.S. Patent No. 9,849,061 is likely invalid.

Parties seeking rehearings at the PTAB have historically faced long odds. One 2019 study found the success rates of rehearing requests at the institution stage ...