The Federal Circuit Provides Another Data Point On the Interplay Between the PTAB and the Courts, PTAB Litigation Blog
Since enactment of the AIA and the start of the new post-grant review proceedings at the USPTO, practitioners have speculated on the interaction between the PTAB and the courts. Yes, AIA post-grant proceedings were expressly intended to be lower-cost alternatives for district court patent litigation. But stakeholders wondered how PTAB patentability rulings and parallel district court validity findings might impact each other, especially given the different burdens of proof on the validity challenger in the two forums. Is a decision of one forum binding on the other? Does it matter which forum decides validity first? In Tinnus Enterprises LLC v. Telebrands Corp., No. 2016-1410 (Jan. 24, 2017), the Federal Circuit provided another data point for the patent bar to consider.
Read the full article at ptablitigationblog.com.