Event Session
Patent Litigation Variation: The PTAB vs. ITC vs. District Court
May 16, 2023 @ 12:10 PM EST
12:10 PM ET
May 16, 2023
Patent Litigation Variation: The PTAB vs. ITC vs. District Court
The U.S. patent enforcement system is made up of three different tribunals of first instance: (1) the Patent Trial and Appeal Board (PTAB); (2) the International Trade Commission (ITC); and (3) Federal District Courts. Although the substantive law is the same as it relates to patent decision points such as the meaning of a claim (i.e., claim construction) and whether a claimed invention is obvious, each jurisdiction handles its decision-making differently and with a variety of decisional difference. This panel will explore areas where there is divergence between the procedural and substantive treatment of key issues that arise during litigation, specifically discussing variations in claim construction and variations in reaching obviousness determinations.
The U.S. patent enforcement system is made up of three different tribunals of first instance: (1) the Patent Trial and Appeal Board (PTAB); (2) the International Trade Commission (ITC); and (3) Federal District Courts. Although the substantive law is the same as it relates to patent decision points such as the meaning of a claim (i.e., claim construction) and whether…
Session Speakers
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