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PTAB Provides Glimpse Of What Is Good Cause To Extend Trial, PTAB Litigation Blog

October 2017

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The PTAB may, where good cause exists, extend a trial up to six months beyond the required twelve month length pursuant to 35 U.S.C. §316(a)(11). On October 5, 2017, the PTAB issued its first “good cause” extension of a trial in Minerva Surgical, Inc. v. Hologic, Inc., IPR2016-00868 (PTAB Oct. 5, 2017) (Papers 56, 57). Before a PTAB panel may extend a trial beyond the statutory twelve month deadline, 37 C.F.R. § 42.100(c) requires that the Chief Judge of the PTAB must determine that the requisite good cause exists.

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