PTAB Settlement Disclosure Timing Crucial After DTN Ruling

By Keri Schaubert and Aaron Lukas (July 7, 2020, 5:02 PM EDT) -- On June 11, the Patent Trial and Appeal Board made precedential its decision in DTN LLC v. Farms Technology LLC.[1] 

In DTN, the PTAB held that the statutory filing requirements of Title 35 of the U.S. Code, Section 317(b), apply to all agreements between parties to an inter partes review, as well as any collateral agreements referenced in a settlement — even if the collateral agreements are not between the parties to the IPR.

In view of DTN, parties to an IPR must be cognizant that all agreements made in connection with, or in contemplation of, the termination of IPR proceedings...

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