How To Address Potential Indefiniteness When Filing IPR

Law360 (February 19, 2019, 4:21 PM EST) -- In many cases, a patent defendant's preferred first line of defense is a petition for inter partes review. IPRs generally proceed more quickly than district court litigation, cost less, and provide defendants with a more favorable invalidity standard. But a significant impediment to a successful IPR can arise when the asserted patent claims are also arguably indefinite.

Indefiniteness most frequently occurs when the asserted claims are written in means-plus-function format, but also may exist when the claims include a subjective limitation, or when the claims lack clarity for other reasons. The IPR process, which requires a petitioner to define the claims...

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