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PTAB Designates Five Decisions as Informative, PTAB Litigation Blog

July 2018

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On July 10, 2018, the PTAB announced the designated five decisions as informative including:  

Colas Sols. Inc. v. Blacklidge Emulsions, Inc., Case IPR2018-00242, Paper 9 (Feb. 27, 2018) – holding that 35 U.S.C. § 315(a)(1) bars institution of an inter partes review where a petitioner files a declaratory judgment action challenging the same patent before filing a petition. The filing of a motion for joinder does not except a petition from the statutory bar of § 315(a)(1). The time bar of § 315(b) specifically states that it "shall not apply to a request for joinder under subsection (c)," whereas § 315(a)(1) does not include similar language.

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