Single-Judge Institution May Undermine Purpose Of IPR

Law360, New York (September 25, 2015, 5:17 PM EDT) -- The U.S. Patent and Trademark Office recently proposed a nonvoluntary pilot program under which a single patent judge would decide whether to institute an inter partes review.[1] This program's approach (currently open to public comment), however, could undermine a key purpose of IPRs, to reduce expensive federal district court litigation. It could also undercut fairness for both sides in an IPR, for the petitioner and the patent owner....

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