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Expert Analysis

A Budget Approach To Inter Partes Review

Law360, New York (December 11, 2013, 12:48 PM EST) -- With the America Invents Act, Congress tried to make it easier to challenge patents in the U.S. Patent and Trademark Office. Unfortunately, they also made it more expensive. They tripled the filing fee from $8,800 for inter partes re-examination to $23,000 or more, depending on the type of review. Also, the added discovery, use of experts and other trial aspects have led to costs equivalent to simple court litigation. However, there are still advantages, and there are options. If a nonpracticing entity is willing to settle for this same amount or less than the cost of a normal inter partes review, which is often the case, the budget IPR should be considered....

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