Fwd: The Precedential Opinion Panel (POP) issues precedential decision

The Precedential Opinion Panel (POP) issues precedential decision

Having trouble viewing this email? View it as a Web page. Patent Trial and Appeal Board The Precedential Opinion Panel (POP) issues precedential decision Proppant Express Investments v. Oren Technologies, Case IPR2018-00914 (PTAB Mar. 13, 2019) (Paper 38) The POP concludes that 35 U.S.C. § 315(c) provides discretion to allow a petitioner to be joined to a proceeding in which it is already a party and provides discretion to allow joinder of new issues into an existing proceeding. The POP further concludes that the existence of a time bar under 35 U.S.C. § 315(b) is one of several factors that may be considered when exercising discretion under § 315(c). In order to balance various considerations, including those raised by other statutes such as the time bar of § 315(b), the Board will exercise this discretion only in limited circumstances—namely, where fairness requires it and to avoid undue prejudice to a party. This precedential decision can be found on the PTAB's Precedential and Informative Decisions page of the USPTO website. Stay connected with the USPTO by subscribing to regular email updates. Visit our subscription center at www.uspto.gov/subscribe to update or change your email preferences. This email was sent from an unmonitored mailbox. To contact us, please visit our website www.uspto.gov/about/contacts. To ensure that you continue to receive our news and notices, please modify your email filters to allow mail from subscriptioncenter@subscriptions.uspto.gov.