Accused Infringers Rethink Declaratory Judgment Strategies


Paul Devinsky said that because the shift from the patent office’s re-examination procedures to the PTAB’s post-grant reviews results in lower cost and better success chances than court litigation, the process “is limiting the full scope of how declaratory judgment actions were traditionally used,” adding that people “want to be able to get themselves situated in the place they think they will have the best chance of success or at least avoid venues where they believe the odds may be stacked against them.”