Reexamination Practice with Concurrent District Court or USITC Patent Litigation XI
- Robert Greene Sterne, Jon E. Wright, Lori A. Gordon & Byron L. Pickard
- The Sedona Conference
This paper addresses the interplay between patent litigation before the Federal Courts or the United States International Trade Commission (ITC), the courts, and co-pending reexamination proceedings involving the patent-in-suit before the United States Patent and Trademark Office (PTO). As independent arbiters of patent validity, each forum poses a distinct set of challenges and risks. These so-called "parallel universes" work with separate rules, standards, procedures, time lines, and results in cases involving the same patent.
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Additional information on all aspects of reexamination and concurrent patent litigation can be obtained from The Reexamination Center, the premier website on the topic, at www.reexamcenter.com.