As I have written previously, litigating the validity of a patent at the Patent Trial and Appeal Board (PTAB) is very different than litigating validity in district court. The audience is different, the rules are different, and the presentation of your case is different. If you try to apply the district court rulebook at the PTAB, you are setting yourself up for a rough ride in what is already a very challenging forum. By and large, tactics and strategies for litigating validity in district court do not apply in the PTAB, and in some instances, can get you into trouble. If your patent has been challenged by an IPR petition, you need counsel with IPR expertise to defend that patent.
Recent Posts
- Other Barks & Bites for Friday, August 29: CAFC Affirms Prosecution Laches Ruling Against Hyatt; Trump Admin Cancels USPTO CBA; Second Circuit Affirms Lack of Standing in Ripple Trademark Case
- CAFC Dodges Key Issues in Reversing District Court Finding for Google on Prosecution Laches
- CAFC Corrects PTAB’s Inventorship Analysis in First Appeal of AIA Derivation Proceeding
- Brunetti’s Back: Split CAFC Rejects Most of Scandalous Trademark Applicant’s Arguments But Remands for Second Chance at TTAB
- CAFC is Unconvinced by Claim Construction Challenges to ITC’s Robotics Patent Infringement Finding