PTAB Denies Joinder Motion Filed More One Month After PGR Institution

PTAB Denies Joinder Motion Filed More Than One Month After PGR Institution, PTAB Litigation Blog

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Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR.  37 C.F.R. § 42.222(b).  While the Patent Trial and Appeal Board (“PTAB”) does have some discretion to waive the one-month joinder period, there must be special circumstances for the PTAB to do so. The PTAB recently denied a petitioner’s Motion for Joinder with an earlier PGR because the Motion was filed more than one month after the institution of the earlier PGR, and the circumstances did not warrant the PTAB exercising its discretion.

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