ARTICLE
10 August 2018

What District Courts Are Saying About Admissibility of IPR

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Six years after the America Invents Act created inter partes review proceedings, patent disputes increasingly involve parallel litigation, with at least one inter partes review proceeding in tandem with district court litigation(s) involving the same patent claims.
United States Intellectual Property

In this article published by Law360, David Cavanaugh, Omar Khan and Jeffrey Dennhardt focus on recent case law addressing whether and to what extent IPR institution decisions and final written decisions are admissible in district court cases.

Excerpt: Six years after the America Invents Act created inter partes review proceedings, patent disputes increasingly involve parallel litigation, with at least one inter partes review proceeding in tandem with district court litigation(s) involving the same patent claims. Given the frequency with which IPRs are utilized as parallel means of resolving patent disputes, rather than as an alternative to district court litigation, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation.

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