
Sotera Stip Results in Institution Despite Co-Pending ITC Case, PTAB Litigation Blog
Visit the PTAB Litigation Blog.
A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS, IPR2021-00311, Paper 11 (PTAB June 28, 2021), the PTAB refused to deny institution of IPR against certain claims of U.S. Patent No. 10,474,140 (“the ‘140 patent”)—despite an International Trade Commission (“ITC”) proceeding involving the ‘140 patent and the same parties—largely because Petitioner Ocado Group PLC (“Ocado”) made a Sotera-style stipulation in the ITC proceeding.
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.