Preparing For The Obvious At The PTAB

Law360, New York (June 30, 2015, 10:55 AM EDT) -- There is little debate that inter partes reviews have proven to be an effective means of challenging the validity of a patent. During the first two-and-a-half years, more than 73 percent of claims originally challenged in IPR petitions have been either canceled by the patent owner or found unpatentable by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.[1] Where the PTAB has granted petitions for IPRs, the number jumps to more than 81 percent.[2]

  So far, the success rate of novelty challenges at the PTAB is slightly better than in the district courts, with 37.5 percent...

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