PTAB Reveals Route To IPR Institution Denial In Parallel Cases

Law360 (March 18, 2021, 3:29 PM EDT) -- Who's got dibs to decide a patent validity dispute is a question increasingly being asked of the Patent Trial and Appeal Board.

In 2011, the Leahy-Smith America Invents Act created an inter partes review process that often led to patent validity battles on two fronts: litigations in district court and IPRs before the PTAB.

Early on, district courts commonly stayed cases in favor of pending IPRs. Increasingly, patent owners are asking that the PTAB deny instituting IPRs in favor of pending district court proceedings. So, who's got dibs?

It's no secret that patent owners generally prefer to litigate in district court,...

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