PTAB Won't Review Solar Energy Patent, Citing ITC Case

Law360 (May 27, 2021, 5:52 PM EDT) -- The Patent Trial and Appeal Board has said it won't review a solar cell patent because a parallel case at the International Trade Commission is well underway and on track to wrap up before the PTAB's final decision is due.

In a decision Wednesday, the PTAB exercised its discretion to deny the petition from Canadian Solar Inc., which was challenging the Solaria Corp. patent. The decision gives a boost to California-based Solaria, which has accused Canadian Solar of infringing the patent in California federal court and at the ITC.

In Wednesday's decision, the board applied the six factors in its precedential...

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