Timing IPRs To Avoid Discretionary Denial Or Damages

Law360 (August 7, 2020, 4:39 PM EDT) -- When a defendant is sued for patent infringement in district court or is the respondent in a U.S. International Trade Commission investigation, one important decision it must make is whether to challenge patentability before the Patent Trial and Appeal Board in a parallel inter partes review.

Equally important, however, is the decision of when to file the IPR petition. Even if the year from service has not passed, a defendant that waits too long to file its IPR petition runs the risk of discretionary denial by the PTAB under the factors identified in the recent precedential opinion in Apple Inc. v....

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