"The PTAB must determine whether to institute a proceeding within three months of the patent owner's preliminary response or the preliminary response due date, whichever is earlier. The patent owner may therefore attempt to expedite the proceedings by waiving its preliminary response (37 C.F.R. §§ 42.107(b) and 42.207(b)). Waiving a preliminary response does not result in an adverse inference against the patent owner (see Trial Practice Guide, 77 Fed. Reg. at 48764)."
The above is an excerpt from page 4 of the following link:
Based on the first sentence of the excerpt, understanding the preliminary response due date to be 3 months and assuming HCMC has not filed a response within that timeline, seems to me PTAB has now missed their window to make a determination.
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