By Bryan Vogel and Derrick Carman (October 4, 2017, 1:13 PM EDT) -- The America Invents Act introduced inter partes review as an expedited proceeding in the U.S. Patent and Trademark Office for challenging the validity of issued patents based on prior art patents and printed publications. If the Patent Trial and Appeal Board institutes an IPR proceeding, then the PTAB will issue a final written decision at the conclusion of the proceeding. Under the AIA, if a patent claim is upheld in the final written decision, the patent challenger in the IPR is estopped from asserting "in a civil action ... or in a proceeding before the International Trade Commission ... that the claim is invalid on any ground that the petition raised or reasonably could have raised during that inter partes review."[1]...
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
