PTAB Institutes Despite ITC Investigation, PTAB Litigation Blog

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In 3Shape A/S v. Align Tech., Inc., IPR2020-00223, Paper 12 (May 26, 2020), the PTAB declined to deny institution of an inter partes review involving a patent challenged in a pending ITC investigation.  Despite the advanced stage of the ITC investigation, the PTAB found no "concerns with efficiency, fairness, and the merits that would support exercising [its] authority to deny institution."

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