Federal Circuit Rules that PTAB Claim Construction in Inter Partes Reexamination Proceeding Is Not Binding on District Court in Later Litigation

Aug 25, 2016 | Blog

Instead of expediting and lowering costs of litigation, AIA post-grant proceedings give most litigants two bites of the apple as PTAB rulings on claim construction and invalidity are not binding in federal court. The new post grant review proceedings are proving to be a total disaster for litigants, vastly increasing litigation costs as litigants have to grapple with two track strategies—one in the patent office and one in federal court. Even a stay of federal court proceeding doesn’t help because PTAB decisions can always be challenged in federal court. To read more about this ruling, click here or contact Maurice Ross.