PTAB Grants Review Petition Despite Sept. 2021 Trial In Texas

Law360 (December 4, 2020, 6:57 PM EST) -- The Patent Trial and Appeal Board will review a Kerr Pumps Co. patent used in gas and oil processing, even though a trial in the Western District of Texas is slated to begin three months before the board's final decision is due.

While a trial date predating the statutory deadline for the board to issue its final decision can weigh in favor of denying institution under the NHK-Fintiv framework, the board said in its decision Thursday that the evidence presented in the case casts uncertainty over the Sept. 7, 2021, trial date in Kerr's infringement suit against Vulcan Industrial Manufacturing. Kerr...

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