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ARTICLE · 12 FEBRUARY 2014

Inter Partes Review Worthwhile Alternative To Patent Litigation

The United States Patent and Trademark Office recently issued its second decision in a new inter partes review proceeding.

United StatesIntellectual Property

The United States Patent and Trademark Office (USPTO) recently issued its second decision in a new inter partes review proceeding. In the decision, the USPTO Patent Trial and Appeal Board invalidated all of the claims of the patent under review.

The patent was related to a no-idle air conditioning system used for long haul trucks. In July 2012, the patent owner, Bergstrom Inc. filed a patent infringement litigation against Idle Free Systems Inc. in the U.S. District Court for the Northern District of Illinois. In response to Bergstrom's infringement allegations, Idle Free Systems responded with its own allegations that the patent was not infringed and invalid. However, instead of challenging the validity of the patent in district court, Idle Free Systems filed a request for inter partes review in the USPTO. After the USPTO agreed to institute the inter partes review proceeding, Idle Free Systems was able to convince the district court in Illinois to place the

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