The changing face of inter partes reviews: strategy for practitioners

By Amy Simpson and Gene Lee

The introduction of new post-issuance proceedings has had a profound impact on the US patent market. Corporate rights holders must strike a careful balance when considering the threats and opportunities presented by inter partes reviews

Not since 1952 has a new statutory regulation changed the landscape of patent law in the same way as the America Invents Act, which created the Patent Trial and Appeal Board (PTAB), as well as inter partes review proceedings. While the new process was expected to be more popular than the previous re-examination procedure, no one anticipated how quickly and extensively inter partes review proceedings would be embraced as a – if not the – preferred procedure for challenging the validity of patents.

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Issue 91