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Tuesday, May 21, 2024 9:27:29 AM
https://www.reddit.com/r/NLST/comments/1cx7f2q/soterra_stipulation_and_912_ptab_proceeding/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button
Soterra Stipulation and 912 PTAB proceeding.
Soterra Stipulation - **"**Fintiv is based on a parallel ITC proceeding; or (iii) where a petitioner stipulates not to pursue in a parallel district court proceeding the same grounds as in the petition or any grounds that could have reasonably been raised in the petition.”
Petitioners file these so that their IPR petitions do not get denied under FINTIV rules. It is a double edged sword and in this case Samsung filed and Micron joined the Samsung IPR. Samsung only filed against claim 16 to help their buddies at Google. However when the 912 was validated I think 78 other claims were also validated. (Check my number but it is many). Micron and Samsung can't question validity on the 912 or the 417.
Micron and Samsung can't go back for a second bite at the apple. "grounds that could have reasonably been raised in the petition.” They could have brought up the other claims right? This is my interpretation so any legal minds out there are welcome to correct me if you see any holes in this but I bet we see more than claim 16 in these Texas cases!!!
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