Stipulation after a decision on institution, not relevant to Fintiv factors

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RICK NEIFELD

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Sep 12, 2022, 3:37:27 PMSep 12
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As noted in the Director's decision, issued a few days ago.

 

            ...To mitigate any concerns that the ’198 patent might be included in the first trial, Petitioner, after institution was denied, “submitted a stipulation agreeing that, should trial be instituted in this case, Petitioner will not pursue any grounds based on the [prior art] references relied on in this IPR matter. Ex. 1018.” Id. at 6 *** Upon review, I hold that the Board correctly determined that a stipulation, offered by a petitioner for the first time after a decision denying institution, is not a proper basis for granting rehearing of the decision on institution. [NXP USA, Inc. v. Impinj, Inc., IPR2021-01556, paper 13 (Director, 9/7/2022).]

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