PTAB Settlement Disclosure Timing Crucial After DTN Ruling [Law 360]

Aaron Lukas and Keri Schaubert wrote an article on the Patent Trial and Appeal Board decision in DTN LLC v. Farms Technology LLC. In DTN, the PTAB held that the statutory filing requirements of Title 35 of the U.S. Code, Section 317(b), apply to all agreements between parties to an inter partes review, as well as any collateral agreements referenced in a settlement — even if the collateral agreements are not between the parties to the IPR.

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Aaron Lukas, Ph.D.

Co-Chair, Hatch-Waxman & Biologics

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