IPR Goes Forward Despite Late Stage Parallel ITC Investigation, ITC Blog
Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a question of patent validity faster than a court can in a parallel district court litigation. In view of this procedural reality, many district courts have been amenable to staying the district court litigation while waiting for the PTAB’s decision. The alignment of the claim construction standard between the PTAB and the district courts has served to reinforce this trend.
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