The U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) and International Trade Commission (ITC) are highly regarded as powerful forums for quickly and efficiently resolving patent disputes. While the PTAB’s jurisdiction is limited to reviewing the validity of a patent, the ITC has a broader jurisdictional reach and addresses questions of patent infringement, validity and unenforceability, much like a district court. However, one characteristic that is common to both tribunals is their ultrafast time to a decision, with the PTAB averaging 18 months and the ITC averaging 16 months. This overlap in timelines presents unique advantages and disadvantages when challenging a single patent in parallel in both forums.

To read the full article published in the December 2017 / January 2018 issue of Intellectual Property Magazine, click here.*

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