Foley Attorneys Author Article on “Timing Considerations for Section 337 Investigations & IPRs”

13 October 2022 Bloomberg Law News

Foley & Lardner LLP Senior Counsel Brad Roush and Partners George Beck and Liane Peterson authored the Bloomberg Law Professional Perspectives article, “Timing Considerations for Section 337 Investigations & IPRs,” about what respondents should be aware of before filing a petition for inter partes review (IPR), specifically surrounding the timing and process leading up to the final written decision.

The article outlines the timelines of International Trade Commission (ITC) and Patent Trial and Appeal Board (PTAB) investigations and how they compare, and the authors discuss how this timeline could affect co-pending cases before the ITC and the PTAB following the United States Patent and Trademark Office’s (USPTO) recent guidance that significantly limits the circumstances in which the PTAB should exercise its discretion to deny institution under Fintiv.