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Shirley Christopher
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sweter kardigan (28th Sep 22 at 5:29am UTC)
Since an IPR proceeding will last one kardigany year after institution, it would typically be two to two-and- a-half years between the service of the complaint and final IPR decision. If at any point in time the district court enters a final judgment regarding validity, the IPR proceeding must be stayed. If the district court decision is upheld, the IPR proceeding must be terminated. While this section is not clear on this point, it seems likely that a final judgment from the district court will be held to take precedent over.

Some district courts refuse to grant a stay under any circumstances. These district courts also tend to have faster time to trial. Other district courts routinely deny a stay unless an IPR has actually been instituted. These district courts allo kardiganu w the case to proceed until the USPTO has decided whether to institute the IPR. Other district courts will grant a stay based solely on the IPR petition and will revisit that stay if the IPR is not instituted.The interaction of these new rule kardigany damskie s with the court's discretion to.

Judges in these districts need only have confidence that their decision on validity can be reached within two-and-a-half years to be confident that their decision will not be overturned by a contrary IPR decision, and thus waste judiciary resources. These judges will likely not grant a stay in favor of an IPR, even if instituted, but instead will proceed to judgment on validity.In contrast, there are a number of district courts that rarely see patent infringement litigation. Judges in those districts kardigan z kapturem .

while no doubt extremely capable judges, do not have the same expectation or need to develop expertise with respect to patent matters. Some judges simply do not want to handle patent cases. The requirement that the IPR, when instituted, apply the same claim construction standards and the same burden of proof in determining validity can give these judges comfort that a proper decision would be reached by the IPR. They will therefore be incentivized to grant a stay in favor of the patent office decision.

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