Sotera Stip Results in Institution Despite Co-Pending ITC Case, PTAB Litigation Blog

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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.

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