The Patent Trial and Appeal Board designated this decision to institute an inter partes review as precedential.
In this case, the Board declined to exercise discretion to deny institution under 35 U.S.C. 325(d) because there was "new, noncumulative prior art in asserted in the Petition."
The Board also declined to exercise discretion to deny institution under 35 U.S.C. 314(a) because "[the] Patent Owner seems to acknowledge that the Board proceeding would not be directly duplicative of the District Court consideration of validity" and because there is no trial date set in the district court.
Read the case here.