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PTAB & ITC Litigation

Defending a patent infringement case across district court, the ITC, and the PTAB

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I’m being sued for patent infringement.

Can I challenge the patent at the PTAB while defending myself in district court or the ITC?

Quick Answer

Yes. If a patent owner has sued you in district court, filed an ITC Section 337 complaint, or both, you can potentially pursue an inter partes review (IPR) to challenge the patent’s validity directly with the USPTO.

However, there are important timing and strategic considerations for an IPR.

These forums interact, therefore your defense strategy that should not be developed in isolation. A position you take in the IPR can create estoppel that limits which invalidity arguments you’re later allowed to raise in district court or the ITC, so your validity, prior art, and technical positions need to be aligned before you file anywhere.

What You Need

Building an inter partes review (IPR) petition starts with prior art. A Patent Invalidity Search can identify the evidence to challenge the patent’s validity before the PTAB.

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Coordinating your defense

What does effective multi-forum patent defense require?

When a patent dispute spans multiple forums, research and technical support need to remain connected as the case develops.

Coordinated Strategy

Coordinated strategy from the outset. Align validity, prior art, and technical positions before filing in any forum.

Adaptive research

Technical questions shift as the case evolves, so research needs to keep pace and quickly adapt to new priorities.

Dedicated team

Continuity across evolving patent assertions, rather than treating each forum as a separate, standalone engagement.

Frequently Asked Questions

Patent litigation in federal district court addresses both infringement and validity, with potential damages and injunctions. Invalidity must be proven by clear and convincing evidence, and cases typically take two to three years or more to reach trial.

An inter partes review (IPR) provides a focused process for challenging patent validity based on prior patents or printed publications, oftentimes on novelty and obviousness grounds. Proceedings generally take about 12 months after institution, and final decisions can trigger estoppel on the same invalidity grounds.

ITC Section 337 investigations focus on infringing imported products and can result in exclusion or cease and desist orders, but not damages. They also require the complainant to establish a domestic industry. Proceedings are typically faster than district court, targeting a final decision within 12 to 18 months, with accelerated discovery.

If counsel determines that patent validity should be investigated, they may recommend a prior art or patent invalidity search. These searches look for earlier disclosures that may be relevant to the asserted claims and could support a potential validity challenge.

How we can help

Need patent search support for a multi-forum patent defense?

We work alongside patent counsel by delivering the technical research and patent analysis needed to inform litigation strategy throughout every stage of a patent dispute.

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Representative work

Multi-forum patent litigation support for Am Law 100 firm

The Challenge

An Am Law 100 firm is representing a major device innovator in a high-stakes patent dispute involving health wearables spanning district court litigation, the PTAB, and the ITC. The matter involved multiple patents and counter-assertions that evolved as the litigation progressed.

The solution

Parola Analytics maintained a dedicated research team throughout the engagement, providing continuity across evolving patent assertions and claims. We conducted ongoing prior art search, delivered regular updates, and held recurring calls with the litigation team to discuss findings, refine search strategies, and performed search iterations as the case developed.

A man in a suit gives a presentation to four seated people in a modern office with large windows and a flip chart.

Client Story

High-stakes patent litigation support for Am Law 100 firm

This Am Law 100 firm needed a reliable patent research partner for a high-stakes patent litigation case across the ITC, PTAB, and district courts.

Read more about this client success story

Client Success Stories

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