Inter Partes Reviews Becoming Friendlier To Patent Owners

Law360, New York (March 1, 2017, 12:08 PM EST) -- The percentage of final inter partes review decisions invalidating patent claims has fallen sharply in recent months, according to statistics compiled by Law360, a trend attorneys attribute to stronger arguments by patent owners and more guidance from the Federal Circuit.

In the third quarter of 2015, 86 percent of the Patent Trial and Appeal Board’s final decisions in inter partes review cases found all challenged patent claims invalid, but that figure has steadily declined since then. In the fourth quarter of 2016, only 58 percent of final decisions invalidated all the challenged claims, while the percentage of decisions in which some...

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