- within Privacy, Litigation, Mediation & Arbitration and Family and Matrimonial topic(s)
The guidance states:
"When determining whether to institute IPR and PGR proceedings, the Director will consider:
(1) the extent to which any products accused of infringement in a parallel proceeding are manufactured in the United States or are related to investments in American manufacturing operations;
(2) the extent to which any products made, sold, or licensed by the patent owner that compete with the accused products are manufactured in the United States; and
(3) whether the petitioner is a small business that has been sued for infringement ofthe patent at issue."
These considerations will benefit those petitioners that can articulate investment in domestic manufacturing or small business status for consideration in institution decisions.
These facts and data raise a legitimate question about whether the current institution framework appropriately weighs the interests of entities that invest in domestic production.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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