RE: Docket Update1 Jun 2021 10:38
‘Samsung has said if the IPRs are instituted, it won't try to invalidate the patents in district court based on the same grounds raised at the board or grounds that it reasonably could have raised, the PTAB said. "Considering that petitioner has agreed to be bound by a stipulation that is substantively the same as the stipulation addressed in [precedent], we follow the [precedent] in finding that this factor weighs strongly against exercising discretion to deny," the decisions state. Overall, the board found these factors supported instituting the review. The PTAB then found that at least one ground of obviousness or anticipation in each of the IPRS â?? although not all were likely to be successful. ‘
Surely this vastly increases a chance of success for Nanoco at District Court level?
Looks to me like Samsung has got the IPRs initiated by assuring that they won’t use that fact in the Texas court.Seems like Samsung are putting all their faith in the final PTAB ruling and effectively accepting they will lose in the Texas court?