Since their inception as part of the AIA, inter partes
reviews (IPRs) have been a favorite tool in the arsenal of patent
challengers. Their statutorily mandated 18-month schedule
oftentimes allows the PTAB to resolve a question of patent validity
faster than a court can in a parallel district court
litigation. In view of this procedural reality, many district
courts have been amenable to staying the district court litigation
while waiting for the PTAB's decision. The alignment of
the claim construction standard between the PTAB and the district
courts has served to reinforce this trend.
This strategy has not been as successful when the underlying
infringement challenge is brought in the International Trade
Commission (ITC). The ITC has its own expedited schedule so
the ITC has never stayed an investigation in view of a pending
IPR. Sometimes, the ITC may dispose with a matter on the
merits, including a patent validity determination, before a final
written
