§

The Trustees of the University of Pennsylvania

PGR2021-00073 (P.T.A.B. Oct. 6, 2021)
The Trustees of the University of Pennsylvania

2 Cited authorities

  1. Section 325 - Relation to other proceedings or actions

    35 U.S.C. § 325   Cited 45 times   252 Legal Analyses

    (a) INFRINGER'S CIVIL ACTION.- (1) POST-GRANT REVIEW BARRED BY CIVIL ACTION.-A post-grant review may not be instituted under this chapter if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) STAY OF CIVIL ACTION.-If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner

  2. Section 324 - Institution of post-grant review

    35 U.S.C. § 324   Cited 42 times   58 Legal Analyses
    Requiring threshold determination that it is "more likely than not that at least 1 of the claims . . . is unpatentable"