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Expert Analysis

The PTAB's New, Narrow Avenue For Filing Late IPR

By Stephen Zinda and James Hall (April 18, 2019, 4:56 PM EDT) -- With the Patent Trial and Appeal Board's decision in Proppant Express Investments LLC v. Oren Technologies LLC, accused infringers should be cognizant of their newfound ability to initiate inter partes review proceedings beyond the one-year statutory bar date, even though there are only "limited circumstances" in which doing so is appropriate. However, accused infringers should also be wary of relying on the PTAB Precedential Opinion Panel's Proppant Express holding until after the U.S. Court of Appeals for the Federal Circuit has affirmed the decision on appeal....

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