On
Patent Owner, iRobot, argued in its Preliminary Response that institution of Petitioner SharkNinja's IPR petition challenging
The Board determined that a resolution of the RPI dispute was unnecessary at the institution stage, citing its previous precedential decision in
In the case at hand, iRobot did not allege that the failure to identify all RPIs would result in the termination of the proceeding or denial of institution of review for any reason other than for the alleged failure of a procedural requirement that can be corrected in a later amendment. Furthermore, the Board found that
Given these facts, the Board determined that resolution of such non-impactful RPI issues would have been a lengthy exercise that was unnecessary for the purposes of granting or denying institution. Therefore, in the interest of judicial efficiency, the Board refused to consider the RPI issues and granted the institution decision on the basis that SharkNinja showed a reasonable likelihood of prevailing with respect to at least one claim in its petition.
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