Originally published on Law360, August 26, 2013
When the same patent claims are at issue in both a district court and an inter partes review, predicting how each forum's claim constructions might affect the other's is a key strategic question. Each forum applies a different claim construction standard and uses a different claim construction procedure. This could lead to different constructions of the same claim in a district court litigation and an inter partes review. Despite these differences and potential conflicts — or because of them — each forum is likely to consider the constructions of the other.
Please click here to view the full text of this article
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
