Today, when served with a complaint for patent infringement, the accused routinely petition the PTAB to review the patentability of the asserted claims. Often enough, the accused first identifies its invalidity positions and prior art to the Patent Owner through litigation pleadings and discovery. Indeed, many even seek to settle the litigation before either party expends additional resources litigating the matter. But, often enough, the accused are spurned.
Continue Reading Move the Court to Award Attorney Fees Incurred in a Parallel PTAB Proceeding