ITC Ruling Is Groundbreaking For IPRs In Investigations

Law360 (September 9, 2020, 5:57 PM EDT) -- For the first time, the U.S. International Trade Commission has fully suspended enforcement of remedial orders in view of an earlier Patent Trial and Appeal Board final written decision holding all infringed claims unpatentable.[1]

Suspending enforcement means that the respondents' products and conduct subject to the ITC's remedial orders can continue unless the U.S. Court of Appeals for the Federal Circuit vacates or reverses the PTAB's final written decision.

The groundbreaking In re: Certain Unmanned Aerial Vehicles and Components Thereof decision has important strategic implications for respondents considering whether and when to seek inter partes reviews on patents asserted at the...

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