Analysis

PTAB Rulings Show Potential New Way To Defeat AIA Reviews

Law360 (April 9, 2019, 10:01 PM EDT) -- Two recent Patent Trial and Appeal Board decisions provide patent owners with a new strategy they could potentially use to persuade the board not to review patents, and serve as a reminder of the pitfalls of mounting overly broad attacks on a patent’s validity.

In a pair of decisions the board designated as informative on Friday, it declined to institute America Invents Act inter partes reviews of patents because the petitioner was likely to succeed in invalidating only two out of 20 or more challenged claims.

By showing that the board can find some claims of a patent are likely invalid and...

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