The U.S. Patent Trial and Appeal Board (PTAB) decided in NHK Spring that the stage of a parallel district court litigation can justify denying institution of a petition for inter partes review (IPR). The PTAB based its decision on the statutory discretion provided under 35 U.S.C. § 314(a). The PTAB’s decision to designate NHK Spring precedential has affected subsequent post-grant challenges involving concurrent district court litigation. In this article, Finnegan attorneys Dan Cooley and Justin Loffredo explore § 314(a) and the possible effects of the PTAB’s precedential NHK Spring opinion.
Read the full article here.
Downloadable Files
Related Offices
Related Professionals
Reprinted with permission from the IP Litigator, published by Wolters Kluwer. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
