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Expert Analysis

Inter Partes Review: A Look At The Companies Under Attack

Law360, New York (February 18, 2014, 5:19 PM EST) -- The America Invents Act went into effect on Sept. 16, 2012, and with it, Inter partes review replaced inter partes re-examination. Inter partes review affords the public a new mechanism for challenging the validity of issued patents. For example, a challenger ("petitioner") can attack the validity of a patent that is being asserted (or threatened to be asserted) against them as an alternative to litigation, or to possibly force a stay in ongoing litigation. This avenue of inter partes review is generally less costly than litigation, is completed more quickly, and includes a lower burden for a finding of invalidity....

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