BOSCH AUTOMOTIVE SERVICE v. IANCU , No. 15-1928 (Fed. Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on December 22, 2017.

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NOTE: This order is nonprecedential.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. IPR201400183. ______________________ 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 petitions for panel rehearing of this court’s December 22, 2017 opinion, seeking to “clarify a sentence in its precedential opinion that could give rise to needless misunderstandings in the future.” Specifically, the USPTO raised the concern that the court’s opinion could be read, incorrectly, to have interpreted 35 U.S.C. 316(e). Bosch Automotive Service Solutions, LLC responded, in a way that supported the USPTO’s view that the opinion could be improperly misread. To avoid that unnecessary possibility, we grant the petition for the limited purpose of amending our earlier opinion. The sentence beginning at page 22, line 29 is amended to read: “Rather, the petitioner bears the burden of proving that the proposed amended claims are unpatentable 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 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

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