Measuring The Success Of Motions To Stay Pending IPR
By Jim Warriner (June 6, 2017, 11:39 AM EDT) -- Inter partes reviews have rapidly become a preferred procedure for challenging the validity of patents since the establishment of the proceeding in September 2012. One of the reasons Congress established IPRs was to provide a "faster, less costly alternative to civil litigation to challenge patents." When compared to district court litigation, the possibility of invalidating patents while being subject to only limited discovery is an attractive proposition for many accused infringers. A stay of district court litigation pending IPR is not a given, however. Being subject to parallel proceedings at the Patent Trial and Appeal Board and the district court, and the cost of retaining both litigation and IPR counsel, is a prospect that may dissuade some would-be IPR filers....
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