Most PTAB Petitions Involve Underlying Litigation: Report

Law360, New York (February 12, 2016, 8:30 PM EST) -- A vast majority of patent disputes in America Invents Act reviews also involve underlying patent litigation, according to a new study, which suggests that the Patent Trial and Appeal Board should thus use the same claim construction standard as federal courts.

The study, conducted by group of law professors from Texas A&M, Duke University and the University of Illinois, was released Wednesday and is believed to provide the first comprehensive look at how litigants use covered business method and inter partes review proceedings relative to federal court litigation.

Researchers found that almost 87 percent of the patents challenged in an IPR...

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