Michael Hawkins Quoted in Law360 Article: “Ban On IPR Time-Bar Tricks Will Spur New Strategies”
March 24, 2020
Fish Principal Michael Hawkins was recently quoted in Law360‘s article “Ban On IPR Time-Bar Tricks Will Spur New Strategies” on March 20, 2020.
A Federal Circuit decision barring techniques that permitted inter partes reviews that would otherwise be time-barred will force petitioners to either mount broader challenges or push district courts to require patent holders to quickly narrow infringement cases, attorneys say.
“Litigants can evaluate the claims where even under an aggressive read there would be an infringement issue and select those” to challenge in an IPR, Michael Hawkins of Fish & Richardson PC said.
When there is an “absolute, black-and-white noninfringement position” such that some claims couldn’t be asserted in good faith, “you can cull those out, and instead challenge in your IPR only the ones where there is a gray area,” he said.