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District Court deference to PTAB regarding priority claim? Not necessarily., PTAB Litigation Bog

June 2017

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In instituting IPR of a particular patent, the PTAB found that the patent was not entitled to its priority claim, thus opening it up to invalidity attacks. However, because the PTAB’s decision was not being challenged in the District Court of Northern Illinois, that Court held that it was not bound to the PTAB’s finding on priority. Riddell, Inc. v. Kranos Corp., No. 4:16-cv-04496, slip op. at 9 (N.D. Ill. May 30, 2017). Instead, the District Court refused summary judgment on the patent’s priority, and determined that the priority date would be decided by the jury if the case went to trial.

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