The Board Cannot Misapprehend or Overlooked an Argument Not Presented


In Rackspace US, Inc. v. PersonalWeb Technologies, LLC, IPR2014-00062, Paper (July 2, 2014) The Board denied rehearing of its decision not to institute an inter partes review of certain redundant grounds.  In its request for rehearing, petitioner provided an explanation of how the grounds were not redundant, but the Board said:

The fact that Rackspace points out explicitly now the relative benefits of certain grounds over others does not mean that we misapprehended or overlooked such benefits. In other words, we could not have misapprehended or overlooked an argument that was not presented in the first instance in the petition.

A petitioner presenting multiple grounds should justifiy the mulitple grounds in the petition, or risk a finding of redundancy that cannot be overcome.


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