Court Allows Accused Infringer’s Have-Cake, Eat-Cake Patent Invalidity Strategy
Written by Daniel van Herck
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[Monday, 27 April 2020 08:28]
Created
Monday, 27 April 2020
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While acknowledging an “apparent loophole” in the America Invents Act, a district court has permitted an accused-infringer-DJ-plaintiff to pursue counterclaims for patent invalidity—with no bar on later seeking an IPR at the PTAB
Source:
JDSupra
www.jdsupra.com