PTAB Bar Association Law Journal – Discretionary Denials of IPR Institution, PTAB Litigation Blog

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On September 12, 2018, the PTAB in NHK Spring Co. v. Intri-Plex Techs., Inc. exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an IPR, despite the petition’s timely filing, due to a parallel district court trial scheduled six months after the date of filing. The PTAB designated NHK Spring as precedential on May 7, 2019 and, in so doing, characterized NHK Spring’s holding as denying institution because the copending district court proceeding was "nearing completion."

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