In response to a request for a Director Review of a PTAB decision finding claims 1-4 and 6 of U.S. Patent No. 7,594,168 unpatentable, the Director of the United States Patent and Trademark Office (“USPTO”), on May 1, 2026, referred this review to a Delegated Rehearing Panel (“DRP”).  The DRP is to determine whether petitioners had presented “meaningfully different evidence and arguments” to the PTAB compared to what had been presented to the jury in a district court action that reached a finding that patent had not been proven invalid.  Facebook, Inc. v. Express Mobile, Inc., IPR2021-01226, Paper 65 (May 1, 2026). In referring this review, the Director of the USPTO stated that the PTAB panel “effectively disregard[ed]” the September 16, 2025 Memorandum re prior findings of fact and conclusions of law. IPR 2021-01226, Paper 65 at 4.  The Memorandum requires the Board to explain why a different outcome is warranted when it reaches a finding or conclusion different from a prior adjudication, with a more detailed explanation required when the same or substantially the same evidence or arguments were presented.