Basic background of inter partes review An IPR refers to an inter partes review. The IPR is an administrative proceeding before the Patent Trial and Appeal Board (PTAB) of the USPTO in which a petitioner can request claims of a patent be invalidated to avoid patent infringement liability. The petitioner is normally a business competitor to the patent owner wherein the patent … [Read more...]
Inter Partes Review
Inter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.
Bottom line: For parties accused of patent infringement an IPR (inter partes review) for the reasons below is an attractive alternative to full blown litigation for attacking the validity of a patent. Amendments to the claims are limited to one with any further amendments being only by petition. The patent owner must show why the amended claims are patentable over … [Read more...]
Bottom line: Defendants should strongly consider an Inter Partes Review (IPR), a proceeding before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) when accused of patent infringement because it may be easier to invalidate the patent at the PTAB instead of at the Federal district court. In re Cuozzo Speed Technologies, LLC (Fed. … [Read more...]