Panel Denies Joinder Based On Intervening Institution, PTAB Litigation Blog
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The PTAB denied a request for institution and joinder because the petitioner was the petitioner in one other instituted IPR directed to the same patent, and the petitioner did not explain adequately to the PTAB why another proceeding was necessary. Here, Code200, (“Code200”) filed a Petition for inter partes review (“-01110 IPR”) for U.S. Patent No. 10,484,510 (the “’510 patent”), seeking to join IPR2022-00138. Code200 had filed two joinder petitions, the first (IPR2022-00862) seeking to join previously instituted IPR2021-01493, and the second IPR2022-01110 discussed in this post, seeking to join instituted IPR2022-00138.
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