Acclimating To PTAB's Increasing Denial Of Serial Petitions

Law360 (August 1, 2019, 3:01 PM EDT) -- With the passage of the Leahy-Smith America Invents Act in 2011, inter partes review procedures were created with the "purpose of ... providing quick and cost effective alternatives to litigation" in determining patent invalidity.[1] IPR has indeed proven to be an efficient vehicle for contesting validity, but many stakeholders fear that IPR has become too attractive to patent challengers — that high invalidation rates have weakened patent rights and caused American innovation to suffer.

In recent years, the Patent Trial and Appeal Board has increasingly policed IPR filings to curb perceived unfairness and inefficiency. The board's decisions in Valve Corp. v....

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