On April 8, 2016, the U.S. District Court for the District of Colorado overturned a jury’s finding that defendant’s infringement was willful, relying in part on the fact that the PTAB had elected to institute inter partes review of one of the asserted patents. We have previously reported on a number of District Court decisions that have addressed whether, and in what circumstances, the denial of an IPR petition may serve as evidence.  The Colorado court’s decision appears to be the first to rely upon evidence that the PTAB instituted review to conclude, as a matter of law, that a defendant’s defenses were “objectively reasonable.”
Continue Reading The PTAB Vaccine: Institution of IPR Protects Against Willfulness Claim