Court Allows Accused Infringer’s Have-Cake, Eat-Cake Patent Invalidity Strategy, PTAB Litigation Blog

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While acknowledging an “apparent loophole” in the America Invents Act, a district court has permitted an accused-infringer-DJ-plaintiff to pursue counterclaims for patent invalidity—with no bar on later seeking an IPR at the PTAB. Epic Games, Inc. v. Acceleration Bay LLC, Case No. 4:19-cv-04133, Dkt. 80 (N.D. Cal. Apr. 1, 2020).

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