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Shifting the Case Back to the USPTO. EP110

Author
Adam L. Diament, J.D., Ph.D.: Registered Patent Attorney
Published
Thu 17 Sep 2020
Episode Link
https://traffic.libsyn.com/secure/patentingforinventors/EP110ShiftingTheCaseBacktotheUSPTO.mp3

In this episode I talk about how a patent suit at the district court can be temporarily halted by the defendant requesting a post-grant review at the USPTO.  This usually happens with an inter partes review request or a covered business method review request. Once the USPTO makes a determination on the validity of the patent, the case may essentially end the trial court, or the trial court may continue to determine infringement.

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