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`District Court Trial Dates Tend to Slip After PTAB Discretionary Denials | Patents Post-Grant
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`HUPES&EHAY
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`Patent
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`9935612113
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`Inside Views & News Pertaining to the Nation's Busiest Patent Court
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`District Court Trial Dates Tend to Slip After PTAB
`Discretionary Denials
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`By Scott McKeown on July 24, 2020
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`https://www.patentspostgrant.com/district—courl-trial-dates-tend-to-slip—after—ptab-discretionary-denials/
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`SAM S U N G EX 1 044 _ 1733
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`SAMSUNG EX. 1044 - 1/3
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`12/1/2020
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`District Court Trial Dates Tend to Slip After PTAB Discretionary Denials | Patents Post-Grant
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`Delaware Cases Slipping 4-6 Months
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`The practice of denying AIA trial petitions in view of competing district court trial dates has brought
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`the past few months. At the same time, patent litigation has increased over the first two
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`quarters of the year by 20%. This surge has been greatly aided by the e_xploding_p_opularity_
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`of the Western District of Texas (WDTX) with non-practicing entities — a
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`district that the PTAB is increasingly deferring to in its discretionary denials based upon competing
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`trial dates.
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`While Patent Owners are quick to point to a looming district court trial date as being set in stone, in
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`reality, these dates are often reset once the PTAB hurdle is cleared.
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`While still a small data set, cases that are denied by the PTAB based upon a looming trial date have
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`seen significant delays in some districts.
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`For example, in the patent suit heavy District of Delaware, 100% of the cases denied by the PTAB
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`for an earlier trial date have been rescheduled — anywhere from 4-6 months. This is a significant
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`delay that may militate in favor of institution given the relative speed of an 8-month PTAB trial
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`D. DEL: Average and Maximum Days Trial "Slid"
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`schedule:
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`13G
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`160
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`155
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`133
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`14:1
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`120
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`10a
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`30
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`an
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`an
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`ID
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`D. Del. Average
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`D. I‘Jel. Maximum
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`https://www.patentspostgrant.com/district—courl-trial-dates-tend-to-slip—after—ptab-discretionary—denials/
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`12/1/2020
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`District Court Trial Dates Tend to Slip After PTAB Discretionary Denials | Patents Post-Grant
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`In the WDTX, 70% of trial dates initially relied upon by the PTAB to deny petitions have slid. While
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`WDTX shows a lower average delay, this is likely a due to that court’s preference to push out dates
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`on a recurring basis rather than more significant schedule remodels.
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`W.D. Tax; Average and Maximum Days Trial "Slid"
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`45
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`4U
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`35
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`3t]
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`25
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`It]
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`15
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`1D
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`42'
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`Wfl. Tex. Average
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`WD. Tax. Maximum
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`Taking all districts into account the average trial delay is 3 months, with a maximum of? months.
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`That said, with COVlD-19 delaying trials scheduled for the last 4-5 months, delays will certainly
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`increase further as the courts work through their growing backlog.
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`In the meantime, as one PTAB panel explained it, the PTAB has been firing on all
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`cylinders.
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`Patents Post-Grant
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`https://www.patentspostgrant.com/district—courl-trial-dates-tend-to-slip—after—ptab-discretionary—denials/
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