Overview

Patentees have a number of options when asserting their patent rights. They may file an infringement suit in United States District Court and seek relief in the form of an injunction, damages or enhanced damages. When an alleged infringer is importing patented products into the United States a patentee may file an action at the International Trade Commission (“ITC”) seeking a ban on imports.

Challengers similarly have a number of options for challenging a patent. They may seek a declaratory judgment that a patent is invalid or seek to enforce RAND commitments in United States District Court. In some cases challengers may file a petition with the Patent Trial Appeal Board (“PTAB”) to initiate a Post-Grant Review (“PGR”), an Inter Partes Review (“IPR”), or a review under the Transitional Program for Covered Business Method Patents (“CBM”).