Twentieth Century Fox Television can keep the title of its hit show “Empire” after O'Melveny & Myers trial practice head Daniel Petrocelli led a team of firm lawyers to beat back a trademark challenge.
Benjamin E. Leace and Christopher H. Blaszkowski
Inter partes review (IPR) is a powerful alternative or supplement to patent litigation that permits a party to challenge a patent's validity before the Patent Trial and Appeal Board (PTAB). In fact, the concurrent use of IPR in connection with federal district court patent litigation has become so pervasive that many patent infringement litigants now consider IPRs to be a de facto counterpart to such litigation. From the accused infringer's perspective, an IPR is an essential consideration and may be an integral part of a defense strategy. In that regard, a patentee must take into account how an IPR could derail its enforcement efforts.