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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