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West Texas Patent Case Paused For Agency Board Review

Oct. 6, 2021, 7:16 PM

A West Texas patent infringement suit against IKO Industries Inc. is on hold to give an administrative tribunal a chance to finish reviewing the patent at issue.

There is a good chance the Patent Trial and Appeal Board will invalidate Kirsch Research and Development LLC’s patent, “rending continued litigation of this case wasteful,” Judge Alan Albright of the U.S. District Court for the Western District of Texas said.

Albright, who handles more patent cases than any other federal judge, hasn’t paused many cases for PTAB review. While Albright has indicated he’ll defer to the PTAB in some situations, he also ...

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