USPTO DESIGNATES PRECEDENTIAL DIRECTOR REVIEW DECISION TERMINATING IPR UNDER HULU
Yesterday the USPTO designated as precedential Light & Wonder, Inc. v. Evolution Malta Ltd., in which the Director waived the deadline for filing requests for Director Review, setting it at 30 days. The Director also found that the deadline may be extended in exceptional circumstances and where the underlying trial has not progressed meaningfully. Applying Hulu, LLC v. Piranha Media Distribution, LLC, the Director vacated institution and denied the petitions on the ground that the district court had already found the challenged claims invalid.
The Director explained that exceptional circumstances warranting an additional extension may include dismissal of all or substantially all claims in a co-pending litigation, findings of fact and conclusions of law rendering all or substantially all challenged claims invalid, and violation of a Sotera stipulation.
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