POPR Disclaimer Dooms Infringement
Some weeks back I explained the varied uses of Patent Trial & Appeal Board (PTAB) trial evidence in district court trial records. However, it is not necessary for a trial to occur for patent challengers to create litigation value. For example, often times a petition will apply prior art that operates in a similar fashion to the accused product. In distinguishing that art, the Patent Owner is effectively arguing against infringement.
In such cases, a failed AIA trial petition (art distinguished) can result in ultimate victory on the ligation side.