Case: Mayne vs. MSD – Part 2

As frequently happens, MSD countered Mayne's infringement action by initiating a so-called inter partes review—a procedure for challenging the validity of a US patent—before the "United States Patent and Trademark Appeal Board" or PTAB. This is a separate procedure that is conducted in parallel with the infringement procedure before the federal court. This infringement procedure is often stayed until the outcome is known of the inter partes review before the PTAB.