ITC Treatment of IPR Decisions -
The International Trade Commission (“ITC”) is a fast-paced venue for claims involving intellectual property rights. These claims, adjudicated as Section 337 investigations, typically reach trial less than ten months after the initial complaint. Because the overwhelming majority of Section 337 investigations involve allegations of patent infringement, it is important for practitioners to understand the interplay between the ITC and another fast-paced patent adjudication vehicle—the inter partes review (“IPR”) proceeding conducted by the Patent Trial and Appeal Board (“PTAB”).
An IPR is unique in that it adjudicates only the patentability of an issued patent, not whether any party’s patent rights have been infringed. The PTAB has the statutory power to cancel a patent (or certain patent claims) that it deems invalid over prior art patents and publications. 35 U.S.C. § 311(b). In light of this power, patents asserted in the ITC are often concurrently challenged via IPR. When this is the case, what deference does the ITC pay to the IPR decisions?
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