“Eleventh Hour” Sotera Stipulation Sufficient to Avoid Denial, PTAB Litigation Blog
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The PTAB recently declined to exercise its discretion to deny IPR, instituting review in BMW of North America, LLC v. NorthStar Systems LLC, IPR2023-01017, Paper 12 (Dec. 8, 2023). There, the PTAB held that (1) a Sotera stipulation could be entered after a patent owner responds to a petition, (2) patent owner was not prejudiced by the “eleventh hour” stipulation here, and (3) a party that uses a parallel declaratory judgment (DJ) action as a basis to argue for discretionary denial must show the relevance of that action.
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