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Expert Analysis

A 1st Look At PTAB's Plan For Overlapping Proceedings

Law360, New York (July 14, 2015, 10:39 AM EDT) -- There is no doubt that the increasing attractiveness of inter partes review to patent challengers has created some interesting procedural questions for district courts. In fact, district courts are often called to decide whether to stay a parallel litigation pending the results of the IPR challenge to the asserted patent(s). But what happens when the parallel proceeding is not in the district court, but like the IPR itself, also before the United States Patent and Trademark Office? Parallel proceedings that can be impacted by IPR proceedings include interferences before the Patent Trial and Appeal Board, which is the same arm of the USPTO that handles IPRs....

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