For years, parallel proceedings at the Patent Trial and Appeal Board (PTAB) were the near-automatic response of a defendant in district court patent litigation. Accused infringers routinely filed petitions—especially inter partes review (IPR) petitions—challenging validity of the asserted patents at the PTAB. Given the PTAB’s technical expertise, historically favorable invalidation rates, and lower standard of review on invalidity, this has been a favored approach among defendants.
Today, that reflexive approach warrants reconsideration. Recent developments at the PTAB have prompted both patent owners and accused infringers to reassess…
