Monday, February 02, 2015

What if the patentee declines to participate in an IPR

Related to the inter parties review brought by Shire against a patent of LCS Group,wherein LCS suggested it would not participate in the IPR:

The patent owner’s abandonment of the IPR would be viewed as a request for adverse judgment under 37 C.F.R § 42.73(b)(4), and the Board ordered that if LCS filed the paper forgoing participation, judgment would be entered against it.

From a post in the NLR


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