Liquidia Technologies has appealed to the U.S. Supreme Court, arguing that a Patent Trial and Appeal Board (PTAB) decision declaring a patent invalid should prevent an infringement finding in district court. This position is a direct response to a Federal Circuit’s resolution claimed to “threaten the stability of patent litigation.”
In the realm of patent law, the function of the PTAB cannot be underestimated. Holding the power to declare a patent as invalid, it has a substantial effect on related infringement actions in district courts. Yet, the stance of the Federal Circuit creates an environment where a PTAB decision and a district court ruling could potentially conflict. Such circumstances could eventually lead to a state of discord in patent litigation.
Liquidia Technologies, therefore, urges for a situation where a PTAB finding of a patent’s invalidity automatically negates the possibility of an infringement finding in district court. This call to the U.S. Supreme Court underlines the urgency of bringing about coherence in the interplay between the PTAB and district court judgements for a more predictable and stable patent litigation environment.
More details on this development can be found in the original article on Law360.