The Interplay of Co-Pending IPR Proceedings: Winning Strategies for Navigating the District Court and Inter Partes Review
Scott Weidenfeller
Partner
Covington & Burling LLP
Cary Miller
Partner
Jones Day
Hon. Teresa “Terry” Stanek Rea
Partner
Crowell & Moring LLP (Washington, DC)
(Former Deputy Director, U.S. Patent and Trademark Office)
Arlene Chow
Partner
Latham & Watkins LLP
- Developing new strategies for parallel proceedings in the District Courts and PTAB in view of a single standard
- Weighing the future of parallel proceedings in view of a single standard adoption
- Considering the takeaways from the patent challenger’s perspective in addition to the patentee perspective
- Devising strategies relative to the filing of an IPR or similar proceeding during the pendency of District Court litigation
- Formulating strategies based on type of pharmaceutical patent
- Establishing jurisdiction at the PTAB
- Special considerations for ex-U.S. parties
- Developing sound discovery strategies relative to dual proceedings
- Evaluating chances of getting a stay granted in the District Court
- Managing experts and use of experts in both forums
- Appealing decisions in both forums