A Petitioners GuideNavigating Uncertainty on PGR

A Petitioner’s Guide: Navigating Uncertainty on PGR Eligibility, PTAB Litigation Blog

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Samsung Electronics Co. (“Samsung”) recently faced the issue of determining whether U.S. Patent No. 11,163,823 (“the ‘823 patent”) is a pre- or post-AIA patent.  Hedging its bets, Samsung concurrently filed two petitions—one requesting inter partes review (IPR) of the ‘823 patent and the other petition requesting post-grant review (PGR).  As detailed below, the PTAB found the ‘823 patent to be PGR-eligible, instituted PGR, and denied the IPR petition.

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