Don't Let Inter Partes Reviews Ruin Your Trial

By Jeremy Taylor and Wayne Stacy (May 4, 2018, 12:10 PM EDT) -- The inter partes review process promises a faster and less expensive forum to challenge the validity of issued patents. In many cases, the IPR process is undoubtedly a valuable tool for an accused infringer and can result in a complete win without the expense of district court litigation. But recent research suggests that in many cases, IPRs are less efficient and more risky than popularly considered. IPR success rates for petitioners, at both the institution and final written decision stages have been steadily falling. Patent owners are emboldened by the fact that the Patent Trial and Appeal Board is no longer the vaunted "patent death squad" of 2013....

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