Failure to Make Full Sotera-Stipulation Contributes to Denial, PTAB Litigation Blog
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In an increasingly rare exercise of discretion, the PTAB denied institution of inter partes review under Fintiv in Zhuhai Cosmx Battery Co., Ltd. v. Ningde Amperex Technology Limited, IPR2023-00587. The PTAB reasoned that the late stage of the parallel district court litigation, substantial investment by the parties in that proceeding, and the lack of countervailing considerations, favored the denial of institution.
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