PTAB Taking Note Of Parallel Litigation In Review Decisions

Law360 (October 24, 2018, 9:39 PM EDT) -- With an eye toward fairness, the Patent Trial and Appeal Board in recent decisions has shown a willingness to shut down a patent challenge based on events taking place in parallel litigation, but some patent owners would like to see more consistency in this respect from the board.

Most of the patents challenged in inter partes review at the PTAB — approximately 85 percent in 2017 — are involved in district court litigation, and patents can also be involved in infringement complaints at the U.S. International Trade Commission. More than once over the past few weeks, the PTAB has taken into...

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