PTAB's Recent 325(d) Shift May Favor Patent Owners

Law360, New York (April 29, 2015, 10:47 AM EDT) -- While the Patent Trademark and Appeal Board has been described by some as a "death squad" for patents,[1] recent decisions indicate that a significant shift in approach may be taking place at the PTAB that will make it increasingly difficult for parties challenging patents to successfully cancel claims being asserted against them. Specifically, petitioners have increasingly relied upon the practice of filing multiple petitions to challenge claims, in particular, filing inter partes reviews serially to address any alleged deficiency raised by the PTAB for an earlier-filed petition. This practice has contributed to the rise in overall IPR filings....

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