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NHK § 314(a) Analysis Results in Denial, PTAB Litigation Blog

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The status of a parallel district court proceeding may provide a basis for the PTAB to deny institution of an IPR pursuant to § 314(a).  NHK Spring Co. v. Intri-Plex Techs., Inc., IPR2018-00752, Paper 8 (PTAB Sep. 12, 2018) (precedential). The rationale underlying this precedent is that proceeding in parallel with district court litigation may be an inefficient use of the PTAB’s time and resources should the district court trial conclude before the PTAB issues its final written decision. Id. at 11.

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