ITC Judge Takes Notice of PTAB Institution Denials, PTAB Litigation Blog

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PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation initiated by the patent owner.  The effect of PTAB trials on concurrent district court litigation has been significant and apparent.  District court trials are often stayed (over 50% of the time when requested) pending the PTAB’s determination of patentability of the relevant claims.  District court claim constructions are also informed by claim construction proceedings at the PTAB.  There, patent owner arguments and PTAB findings under the broadest reasonable interpretation standard are often used as ammunition for limiting attempts for by patent owners for broad constructions back at district court.

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