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, the procedure seems to be accomplishing the intent of Congress when it passed the America Invents Act....

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