The USPTO reexamination was triggered by Reaction Labs after the district court initially granted Lup's injunction motion. The agency's early-stage rejection of all claims remains non-final, meaning the proceeding is still developing. The court's reasoning leaves open the possibility that Lup could seek renewed injunctive relief if the USPTO ultimately confirms the validity of the claims during the reexamination process.
Patent litigators should treat parallel USPTO proceedings as material to preliminary injunction strategy. This decision signals that district courts will weigh non-final USPTO rejections heavily when assessing validity questions, even at early litigation stages. Defendants facing infringement suits now have a clearer roadmap: triggering reexamination can be an effective tool to derail preliminary injunctions, making it essential for patent owners to anticipate and prepare for dual-forum challenges to claim validity before seeking court relief.