Law360, New York ( November 17, 2015, 11:04 AM EST) -- Asserting that a patent claim is indefinite and hence invalid is a defense to patent infringement that cannot be formally addressed in an inter partes review. It is, however, a potential threshold issue for institution of an IPR — and this fact presents strategic issues for an alleged infringer that wishes to challenge the validity of a patent claim on both indefiniteness and prior art grounds....
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