Shifting the Case Back to the USPTO. EP110

Patenting for Inventors

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.