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Expert Analysis

An Accused Infringer's Guide To Parallel Proceedings

Law360, New York ( April 21, 2014, 1:37 PM EDT) -- ​Accused as an infringer? Facing a demand letter? Or merely concerned about a competitor's patents? It is never too early to develop a strategy to challenge the validity of a problematic patent. The America Invents Act introduced three new post-grant proceedings for challenging the validity of issued patents before the U.S. Patent and Trademark Office. Each of these proceedings — inter partes review, post-grant review and covered business method review — are compatible with parallel litigation in the district courts. By managing the timing of the parallel proceedings, an accused infringer may increase its chances of negating a damages award in district court....

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