What Statistical Analysis Reveals About Winning IPR Appeals

Law360 (August 8, 2019, 5:22 PM EDT) -- In deciding if and how to appeal final written decisions of the Patent Trial and Appeal Board in inter partes review proceedings, appellate attorneys look to standards of review, specific factual circumstances and key U.S. Court of Appeals for the Federal Circuit (and U.S. Supreme Court) precedent. But in doing so, they may miss the forest for the trees.

An overarching review of the over 100 Federal Circuit IPR opinions issued in 2019 (through Aug. 8) reveals statistical trends that highlight the types of arguments — from losing patent owners and losing petitioners, respectively — that are likely to succeed, likely...

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