The Latest Unsuccessful Inter Partes Review Petitions

Law360, New York (October 30, 2015, 10:24 AM EDT) -- While much invective has been thrown around concerning inter partes review proceedings in the past few years, the institution rate of IPRs continues to fall, whether due to parties becoming savvy to proceedings, an improvement in the quality of patents being challenged, or due to developing statutory interpretations before the Patent Trial and Appeal Board and the Federal Circuit. It is still early days, and there are many aspects of IPRs that do not have judicial guidance yet. For example, the Federal Circuit just issued the first decision remanding a case back to the PTAB.[1] But remand is not addressed in the statute or rules, so this is uncharted territory for the PTAB....

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