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Post-Grant Review › Inter Partes Review (IPR) Proceeding › Counterclaims

Haug Partners LLP

A U.S. View on the UPC – Part 8: Challenging the Validity of a Patent

Haug Partners LLP on

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed...more

Jones Day

Preemptive Declaratory Judgment Invalidity Counterclaims Trigger Statutory Bar

Jones Day on

Last year, this blog discussed various strategic considerations for litigants seeking declarations of invalidity in district court actions to avoid being precluded from also seeking inter partes or other post-grant review...more

Jones Day

Have Cake, Eat Cake: Declaratory Judgment Strategy For Accused Infringers

Jones Day on

The AIA prohibits institution of a post-grant proceeding when the petitioner previously “filed a civil action challenging the validity of a claim of the patent.” 35 U.S.C. § 315(a)(1). PGR petitions (including CBM petitions)...more

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