The Difficulties Of Defending IPR Win On Appeal

By James Gumina (February 15, 2019, 1:40 PM EST) -- Many people have come to believe that inter partes review proceedings in front of the Patent and Trademark Appeal Board are a good substitute for litigation. The reasons for this belief are not without basis. IPRs provide a forum for challenging issued patents in a relatively rapid and inexpensive manner (at least as compared to litigation in the federal district courts). Indeed, in many cases it has proven to be a successful forum as a large percentage of the IPRs that have been instituted have resulted in the PTAB finding the patents at least partially invalid or not properly issued. Thus,...

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