Director Discretion: A Sotera Stipulation Does Not Mandate Institution
Jacob R. Rosenbaum & Sashank Krothapally
The PTO Director has unreviewable discretion to deny institution of IPR proceedings in view of parallel proceedings, even when the petitioner executes a Sotera stipulation.
Nothing Unusual With Recusal Refusal
Jacob R. Rosenbaum & Henry P. FitzGerald
Despite affirming the denial of Centripetal’s recusal motion as untimely and frivolous and rejecting other arguments, the Federal Circuit vacated and remanded the Board’s final written decision for failing to properly consider evidence of copying.
Identical Inventor Required to Exclude Prior Art
Jeremiah S. Helm, Ph.D. & Baiyu Zhu
An earlier reference is available as prior art “by another” unless it involved the same inventive entity.
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