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  • Writer's pictureShelly Albaum

IPR Trial: What Comes Next?

It's a safe bet that none of us has ever been through an Inter Partes Review Trial before the USPTO, so we don't have a sense of how this goes. But the PTAB issued a revised Scheduling Order on January 31st. You can read it here:

The dates are:

April 20, 2018

Dartmouth/ChromaDex's Response to the petition and/or Motion to Amend the patent. You will recall that Steptoe filed a Preliminary Response in November. So this would be the actual response, and it would no doubt take into account the various issues raised in the PTAB's order instituting trial.

July 9, 2018

Elysium's Reply to Dartmouth/ChromaDex's Response and/or Elysium's Opposition to a motion to amend the Patent.

August 10, 2018

Dartmouth/ChromaDex's Reply to Elysium's opposition to a motion to amend.

August 31, 2018

Motions for cross-examination, to exclude evidence, and for oral argument

September 14, 2018

Response/opposition to motions

September 21, 2018

Reply to opposition to motion to exclude

October 2, 2018

Oral argument (if requested)

We can't take these dates too seriously, because the parties are free to agree to change them, although not move them later than September 21, 2018.

My guess is that both parties have great incentive to slow walk this, so I doubt things will happen much faster than indicated here.

These are the attorneys noticed on the scheduling order:



Brendan T. Jones, Esq.

Donald R. Ware, Esq.

Jeremy A Younkin, Esq.



John L. Abramic, Esq. James R. Nuttall, Esq. Harold H. Fox, Esq.

If we get bored waiting for April 20, we might take a closer look at these patent hotshots, but rest-assured we are in the major leagues.

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