Starting in November 2013, the Patent Trial and Appeals Board has begun issuing final written decisions in inter partes review (IPR) proceedings. Soon, patents with surviving claims will head back to the district courts, many of which have stayed cases involving patents under IPR for the pendency of such proceedings.
Even though the expectation for most courts and litigants has been that IPR proceedings would narrow the issues to be litigated upon return — because of the potential cancellation of asserted patent claims and the estoppel provision — that may not always occur. In fact, certain cases will return to the district courts no more streamlined, and other cases will be even more complicated than before.
