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ARTICLE · 17 JUNE 2020

Despite Uncertain Trial Date, PTAB Denies Institution

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Applying the PTAB's precedential NHK decision, the PTAB exercised its discretion to deny institution of three timely filed IPR petitions due to the advanced stage of a related district court action.

United StatesIntellectual Property
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Applying the PTAB's precedential NHK decision, the PTAB exercised its discretion to deny institution of three timely filed IPR petitions due to the advanced stage of a related district court action.  Intel Corporation v. VLSI Technology LLC, IPR2020-00112, Paper 15 (PTAB May 19, 2020); IPR2020-00113, Paper 15 (PTAB May 19, 2020); IPR2020-00114, Paper 15 (PTAB May 19, 2020).

VLSI Technology had sued Intel in the Western District of Texas for infringement of U.S. Patent No. 6,366,522.  That case was consolidated for pre-trial purposes with two other cases VLSI also filed against Intel.  Trial is currently scheduled for October 5, 2020 in all three of these cases, even though they are not consolidated for trial.

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