What 18 Months Of IPR Stats Teach Us About Winning Appeals

By Larry Sandell (July 20, 2020, 4:30 PM EDT) -- The first job of an appellate attorney is to hone in arguments that have the best chance of success.

Standards of review, specific factual circumstances, and key U.S. Court of Appeals for the Federal Circuit and U.S. Supreme Court precedent guide practitioners in deciding if and how to appeal final written decisions of the Patent Trial and Appeal Board in inter partes review proceedings.

However, a bird's eye view of recent Federal Circuit IPR rulings reveals important statistical trends about the court and may shed additional light to aid in this critical initial task.

An overarching review of approximately 300 Federal...

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