Analysis

USPTO's Take On Reused PTAB Positions May Upend Strategy

Law360 (February 8, 2019, 6:58 PM EST) -- The U.S. Patent and Trademark Office's view that parties successful in getting patents invalidated in inter partes reviews cannot reuse their arguments in court could, if adopted by the Federal Circuit, significantly shake up litigation strategy, especially in drug cases, attorneys say.

The patent office filed an amicus brief this month in an appeal involving a Johnson & Johnson unit's cancer drug Zytiga, arguing that after patent claims are invalidated in an IPR, district courts in infringement cases cannot consider the petitioner's arguments that persuaded the Patent Trial and Appeal Board to invalidate the patent.

The office argued that the America...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!