The Patent Trial and Appeal Board (PTAB) has decided that the grounds raised by OpenSky Industries in its petition for inter partes review (IPR) of a patent asserted by VLSI Technology LLC still warrant institution of trial, even under the “compelling merits” standard. Earler this month, the PTAB was ordered to consider the petition as of the date of institution under that heightened standard as part of a package of sanctions that USPTO Director Kathi Vidal imposed after reviewing the proceeding in the wake of controversies surrounding OpenSky’s unusual financial offers both to VLSI and to joined petitioner—now, lead petitioner—Intel during the review’s pendency. In an order handed down three days after the PTAB’s institution decision, Director Vidal has indicated that she “feels duty-bound to conduct an independent Director review of the compelling merits determination based on the unusual and complex nature of this case”.