Petition Denied for Lacking Section 112f Constr

Petition Denied for Lacking Section 112(f) Construction and Fintiv, PTAB Litigation Blog

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On March 7, 2024, the PTAB denied institution in 10x Genomics, Inc. v. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”). The PTAB denied institution on two separate grounds: (1) the Petitioner, 10x Genomics, did not properly assert a Section 112(f) construction in the alternative in its Petition under 37 C.F.R. § 42.104(b)(3); and (2) the circumstances of a parallel U.S. District Court of Delaware proceeding called for a discretionary denial under 35 U.S.C. § 314(a) under Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential) (“Fintiv”).

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