Can Patent Invalidity Counterclaims Bypass Bar On IPR?
By Sarine Hagopian and Eligio Pimentel (June 8, 2020, 5:00 PM EDT) -- Congress enacted inter partes review as a mechanism for resolving validity issues in a streamlined, expedited and cost-effective manner.
The controlling statutory framework restricts a patent challenger's ability to seek IPR in two important ways. First, IPR is unavailable where a civil action challenging patent validity is filed prior to the filing of the IPR petition. Second, IPR is unavailable if the petition is filed more than one year after the filing of a complaint for patent infringement.
Thus, prior to being challenged with a patent infringement lawsuit, an accused infringer has two options: It can challenge patent validity in district...
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