06.2015/07.2015
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06.2015/07.2015
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Articles
The article outlines the strategic use of inter partes review (IPR) proceedings against patents asserted at the U.S. International Trade Commission (ITC). There is a misconception that IPR proceedings are not useful to parties sued for patent infringement at the ITC, perhaps because of the fast pace that is typical of ITC investigations. While it may not be possible to obtain a stay of an ITC investigation during the pendency of an IPR proceeding, a party accused of infringement in an ITC investigation should consider filing an IPR petition relatively early in the life cycle of an ITC investigation as a cost effective and beneficial part of an overall strategy for defending against an action at the ITC.
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