In the wake of the nomination of Kathi Vidal as Director of the USPTO, there will be significant attention paid to the agency’s responses to calls from both the executive and legislative branches to remake the agency’s perceived role in shaping the pharmaceutical pricing landscape.
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POST-GRANT REVIEW (PGR)
I’ve Been Sued for Patent Infringement… Is an IPR Worthwhile?
By Sarah Cork on
Recent Precedential Decisions Applying Fintiv
When a company is sued for patent infringement, often one early strategic consideration is whether to counterattack the patent’s validity at the Patent Trial and Appeal Board (PTAB) in a parallel post-grant proceeding such as inter partes review (IPR) or post-grant review (PGR). Although the PTAB has recently conformed certain practices more closely to litigation—notably, its claim construction and indefiniteness standards—it remains a valuable venue for patent challengers seeking a relatively speedy, predictable, and cost-effective process.…
Continue Reading I’ve Been Sued for Patent Infringement… Is an IPR Worthwhile?