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We previously wrote that a co-pending ITC Section 337 investigation virtually guarantees that the Patent Trial and Appeal Board (PTAB) will exercise its discretionary power to deny institution...
A co-pending ITC Section 337 investigation virtually guarantees that Patent Trial and Appeal Board PTAB will exercise its discretionary power to deny institution under 35 U.S.C. §§ 314(a) and 324(a) when considering a petition for inter partes review IPR or post-grant review PGR.