USPTO's Take On Reused PTAB Positions May Upend Strategy

By Ryan Davis (February 8, 2019, 6:58 PM EST) -- The U.S. Patent and Trademark Office's view that parties successful in getting patents invalidated in inter partes reviews cannot reuse their arguments in court could, if adopted by the Federal Circuit, significantly shake up litigation strategy, especially in drug cases, attorneys say.

The patent office filed an amicus brief this month in an appeal involving a Johnson & Johnson unit's cancer drug Zytiga, arguing that after patent claims are invalidated in an IPR, district courts in infringement cases cannot consider the petitioner's arguments that persuaded the Patent Trial and Appeal Board to invalidate the patent.

The office argued that the America...

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