The Long Odds Of Obtaining IPR Reversals On Issues Of Fact

Law360 (February 11, 2020, 2:00 PM EST) -- Obtaining a reversal of a decision of the Patent Trial and Appeal Board in an inter partes review is statistically unlikely — under 23% in 2019. And most reversals are based on an error of law, which the U.S. Court of Appeals for the Federal Circuit reviews de novo.

Here, we review the considerably more daunting task of obtaining a reversal on an issue of fact. In 2019, about 5% of IPR appeals were reversed on a factual finding. Yet the chances are improved with the right panel of judges.

Introduction

The Federal Circuit reviews the PTAB’s legal findings de novo...

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