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Message: Re: Pacer: e.Digital Corporation v. iSmart Alarm, Inc. ~ SCHEDULING ORDER - BLR

PTAB continuation of the proceeding even after the termination of the case is when the case is at late stage of hearing at the level of oral argument.

(i.e., the issues had been fully briefed and oral argument was conducted before the parties moved to terminate the proceeding.

The two quotes above seem to be somewhat in conflict with:

It is my understanding. The PTAB can and will do what they deem necessary according to the law. If they find the patent to be unpatentable... they will continue the IPR. No matter what the parties agree too.

I get it that they have the ability to, but it seems to me that since the IPR was not scheduled until November, it is reasonable to assume that it was not eligible to be continued by the PTAB after settlement. No? Not trying to be argumentative, just trying to understand, I also appreciate all your contributions to the board Letgo.

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