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Expert Analysis

3 Lessons From Unsuccessful Inter Partes Review Petitions

Law360, New York (April 22, 2015, 10:54 AM EDT) -- In the first two and a half years of inter partes reviews, the proceedings have proved potent, cancelling hundreds of patents and over 3,000 claims.[1] Nevertheless, the Patent Trial and Appeal Board doesn't automatically institute IPRs, despite some suggesting otherwise.[2] The PTAB must first decide whether to institute an IPR by reviewing the petition, and, if filed, the optional patent owner's preliminary response (POPR). For the PTAB to institute, the petitioner must show a "reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition."[3]...

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