May 17, 2023
Perilous parallel proceedings in patent cases
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While patent infringement claims and remedies are only litigated in district court proceedings (or at the International Trade Commission), patent litigants have long been accustomed to litigating patent validity in multiple fora in parallel. These parallel proceedings can result in conflicting decisions, whereby an invalidity decision from the United States Patent and Trademark Office (PTO) can wipe out a successful infringement, validity, and damages result from dist...
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