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Delay in Identifying Prior Art Prevents Their Addition to Notice of Prior Art, ITC Blog

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In a recent order, Administrative Law Judge Shaw denied in part the Respondents’ Motion to Supplement their Notice of Prior Art. In re Certain Strontium-Rubidium Radioisotope Infusion Systems, And Components Thereof Including Generators, Inv. No. 337-TA-1110, Order No. 17 (August 30, 2018). Judge Shaw allowed supplementation in some respects, but denied the addition of several non-patent publications, because the Respondents did not explain why they did not obtain these references earlier or how these references pertained to the asserted patents.

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