ITC Not Treating PTAB Decisions Like Other Agency Rulings

Law360, New York (November 30, 2017, 1:07 PM EST) -- Congress created the quasi-judicial, fast-track inter partes review procedure to allow parties to challenge patent validity in a streamlined fashion. The stated goal was to provide “quick and cost effective alternatives to litigation.”[1] But from its inception, the IPR procedure has been on a collision course with another quasi-judicial, fast-track procedure created by Congress — namely, Section 337 investigations. As expected, a head-on collision finally occurred in July 2017, between a U.S. International Trade Commission investigation brought by Cisco against Arista Networks Inc. (Inv. No. 337-TA-945)...
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