Insights

ITC Refuses to Stay Investigation Pending Inter Partes Review, PTAB Litigation Blog

The International Trade Commission (“ITC”) has never granted a stay of a Section 337 investigation in favor of an American Invents Act inter partes review (“IPR”) at the U.S. Patent and Trademark Office (“USPTO”). That trend continued last week when Administrative Law Judge Shaw refused to stay an investigation even though the USPTO instituted an IPR proceeding on two of the three asserted patents before the Section 337 complaint was filed at the ITC.  Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same, Inv. No. 337-TA-983, Order No. 8 (March 3, 2016). The ALJ’s Order confirms that it is highly unlikely that a Section 337 proceeding will be stayed pending the completion of an IPR.

To read more, visit our PTAB Litigation Blog

We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.