PGR Ineligible – Petitioner Failed to Show Post-AIA Priority, PTAB Litigation Blog

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Ocado Group (“Petitioner”) filed a petition requesting a post-grant review of a claim from U.S. Patent No. 10,696,478 (’478 Patent) owned by AutoStore Technology (“Patent Owner”).  The Board concluded that the Petitioner did not meet its burden of showing that it was more likely than not that the ’478 Patent has, or had at least one claim having an effective filing date on or after March 16, 2013.  Accordingly, the Board held that the ’478 Patent was not eligible for post-grant review.

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