“Under the Leahy-Smith America Invents Act (‘AIA’), a party may challenge the validity of a patent in an inter partes review proceeding before the Patent Trial and Appeal Board (‘PTAB’) and obtain a decision regarding the patent’s validity. In this case, the PTAB issued a final written decision holding that a patent held by Respondent United Therapeutics, Inc. (‘UTC’) was invalid. Subsequently, however, the Federal Circuit held that Petitioner Liquidia Technologies, Inc. (‘Liquidia’) was liable for induced infringement of the same patent, notwithstanding the PTAB’s invalidity determination. In the Federal Circuit’s view, the PTAB’s decision had ‘no impact’ on this infringement litigation, primarily because the PTAB’s decision was pending on appeal.”
“The questions presented are:”
1. “Whether a party may be liable for induced patent infringement when the PTAB has already issued a final written decision determining that the same patent is invalid.”
2. “Whether a final written decision of the PTAB remains preclusive while it is pending on appeal.”
