PTAB Kill Rates: How IPRs Are Affecting Patents

Law360, New York (September 15, 2015, 9:44 AM EDT) -- Amy Simpson

Hwa Lee While the America Invents Act’s introduction of inter partes review proceedings was intended to strengthen the quality of issued patents, no one could have predicted how quickly IPRs would become a mainstay defensive tactic in U.S. patent litigation. Indeed, as the Patent Trial and Appeal Board began releasing decisions invalidating patents, some even labeled the PTAB as a “patent death squad.”[1] Whether that description is a fair one or not, it cannot be disputed that in just three short years, IPR proceedings have become so popular that the PTAB is now a preferred patent invalidation venue....

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