If an accused infringer seeks to challenge the validity of a patent, does that validity challenge occur at the same time and in the same proceeding as the infringement challenge?

The validity challenge will be handled in the same litigation if the followings are met:

  • infringer files counter-claim; and
  • this counter-claim must be accepted by Judge as to compensate to complaint and there is a relationship between complaint and counter-claim and if these would help to solve the case in a quick and exact way.
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