USPTO draws hard line on inconsistent PTAB, district court positions
By Melissa Ritti ( May 14, 2026, 20:42 GMT | Insight) -- Three new additions to the body of work that guides the decision making of the Patent Trial and Appeal Board show that the days of treating district court litigation and inter partes review proceedings as separate but equally viable strategies may be over.The US Patent and Trademark Office sent a message this week to inter partes review (IPR) petitioners and their counsel that advancing inconsistent positions in parallel district court proceedings could come at a steep cost....
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