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One of the most common responses to being sued for patent
infringement is a petition to the USPTO s Patent Trial and
Appeal Board (PTAB) challenging the validity of the patent. To
avoid duplication of effort, either the Board or the tribunal can
defer to the other. According to a recent decision, the U.S.
International Trade Commission (ITC) will not defer to the PTAB in
such situations. In
Certain Automated Storage and
Retrieval Systems, Robots, and Components
thereof (337-TA-1228), Judge Lord emphatically confirmed
that in order to conclude its investigations at the earliest
Growing Tension Between the ITC and the PTAB Thursday, April 8, 2021
One of the most common responses to being sued for patent infringement is a petition to the USPTO’s Patent Trial and Appeal Board (PTAB) challenging the validity of the patent. To avoid duplication of effort, either the Board or the tribunal can defer to the other. According to a recent decision, the U.S. International Trade Commission (ITC) will not defer to the PTAB in such situations. In
Certain Automated Storage and Retrieval Systems, Robots, and Components thereof (337-TA-1228), Judge Lord emphatically confirmed that in order to conclude its investigations “at the earliest practicable time,” the ITC should not stay a Section 337 investigation in view of an
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