Serial IPRs Are A Serious Problem The USPTO Should Fix

By Robert Taylor (December 20, 2018, 4:08 PM EST) -- This article responds to a recent article by Michael Berta and Patrick Reidy published in IP Law 360 on Nov. 16, 2018, challenging the conclusions of a white paper by the Alliance of U.S. Startups & Inventors For Jobs that directs attention to the widespread, abusive and unlawful practices engaged in by a number of large companies when accused of patent infringement.[1] The Berta and Reidy article, entitled "Multiple IPRs for Same Claim Are Often Not Repetitive," misstates the language of Section 315(e)(1) of the patent statute and from that misstatement argues essentially that if one inter partes review is a good way to lower the cost of litigation, multiple IPRs are needed to do a more thorough job....

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