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ARTICLE · 07 JUNE 2017

Interplay Between Inter Partes Reviews (IPRs) And ITC Section 337 Proceedings

Morrison Foerster
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Since the passage of the America Invents Act ("AIA") in 2011, Inter Partes Reviews ("IPRs") before the Patent Trial and Appeal Board ("PTAB") have assumed growing importance in patent litigation...

United StatesIntellectual Property
G. Brian Busey
G. Brian Busey
Aaron Rauh
Aaron Rauh
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Since the passage of the America Invents Act ("AIA") in 2011, Inter Partes Reviews ("IPRs") before the Patent Trial and Appeal Board ("PTAB") have assumed growing importance in patent litigation in federal district courts. Until recently, IPRs have not played a significant role in International Trade Commission ("ITC") Section 337 investigations. While the ITC is unlikely to stay a Section 337 investigation, pending IPRs will likely have an increasing impact at the ITC, especially when an IPR proceeding reaches an advanced stage before or during the pendency of a Section 337 investigation. This article examines the limited interplay to date between IPRs and Section 337 proceedings and discusses potential implications for future investigations.

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