Expired Patents Can Be Challenged, PTAB Litigation Blog
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Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v. Gesture Tech. Partners, LLC, where it instituted IPR over the patent owner’s objections to jurisdiction. IPR2021-00922, Paper 10 (Nov. 29, 2021).
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