Settlement Doesn’t Guarantee End Of Post-Grant Proceeding

Law360, New York (February 14, 2014, 5:31 PM EST) -- Recent Patent Trial and Appeal Board rulings should lead patent owners involved in a post-grant proceeding to be even more careful when considering settlement offers.

Unlike previous re-examination proceedings before the U.S. Patent and Trademark Office, the America Invents Act allows for termination in the event of settlement of newly created post-grant proceedings. See 35 U.S.C. §§ 317(a), 327(a). As a consequence, just 16 months since these proceedings started, the PTAB is encountering an increasing number of joint motions to terminate the proceedings.

In ruling on these motions, the PTAB is applying broad discretion to consider the facts and circumstances of...

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