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Re: 100lbStriper post# 15276

Sunday, 04/30/2023 6:12:39 PM

Sunday, April 30, 2023 6:12:39 PM

Post# of 25878
This part - "Alternatives for discretionary denials for concurrent litigation" ---
"The predictable rule would deny institution if:
1- the board determines a trial in the district court action is likely to occur before the projected statutory deadline for the final written decision (with consideration of recent statistics on medial time-to-trial for civil actions for the relevant district court); or
2- the petition is filed more than six months after service of an infringement complaint."
This part - "Stipulation to no multiple challenges" ---
"To avoid denial, one proposal would require petitioners to stipulate they have not filed any other challenge at the patent office as to any of the challenged claims and will not challenge the claims in any other USPTO proceeding if unsuccessful. Such a stipulation would conflict with estoppel statutes for review proceedings and with the statutory framework for reexamination."

https://www.iam-media.com/article/some-gold-nuggets-patentees-in-the-ptab-reform-proposal
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