Associate Nicholas Restauri was featured in a Bloomberg Law article on the US Patent and Trademark Office Director Kathi Vidal’s review of NXP USA, Inc. v. Impinj, Inc. Vidal explained that parties can’t wait for the US Patent Trial and Appeal Board (PTAB) to deny inter partes review, offer to waive arguments in a district court dispute, and then seek rehearing at the PTAB.
Vidal underlined that “a stipulation not to pursue the same grounds, or grounds that reasonably could have been raised in the petition, in a parallel district court proceeding is a quid pro quo to avoiding a discretionary denial that must be affirmatively invoked prior to the Board’s institution decision,” said Nicholas.
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