No precedential Federal Circuit decision addresses the effect of an IPR institution decision on parallel litigation tried Forbidden Symbolbefore a jury. As a result, some district courts have allowed IPR institution decisions regarding a patent-in-suit to be presented as evidence in a pending litigation (see Evidence of Denial of IPR Institution Allowed in District Court Infringement Action), while many have not.
Continue Reading IPR Institution Decision Precluded as Evidence in Litigation, Again

Hour GlassDefendants in litigation seeking to take advantage of IPR must file a petition within one year of the date of service of the complaint alleging patent infringement.  Defendants may be tempted to delay filing the IPR petition to avoid revealing strategy early in the litigation proceeding.  Delaying the filing, however, may risk the granting of a stay of the related litigation, as highlighted by four district court decisions¹ issued last week.
Continue Reading Recent Decisions Denying Stay of Litigation Highlight Importance of IPR Petition Timing