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Under the US Patent and Trademark Office’s (USPTO) new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB  practice, which had previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding. This article discusses three considerations for ITC litigants given the USPTO’s new guidance.

Authors: Frank D. Liu and Andrew P. Zappia, Troutman Pepper Hamilton Sanders LLP

This article was originally published on the website of Troutman Pepper Hamilton Sanders LLP on July 21, 2022.

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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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