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No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong, PTAB Litigation Blog

May 2018

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The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May 22, 2018) sheds light on the Board’s practice under 37 C.F.R. 42.108(c), which holds that genuine issues of material fact created by conflicting testimony must be viewed in the light most favorable to the petitioner for purposes of instituting inter partes review.

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