10 Reasons Every Defendant in Patent Litigation Should Consider Inter Partes Review

Numerous articles and practitioners are touting inter partes review (IPR) proceedings, and for good reason. Here is a quick breakdown of why these proceedings are considered pro-petitioner and why every patent infringement defendant should give IPR serious consideration.

1. Presumption of Validity Does Not Exist: Unlike in district court, patents are not assumed to be valid at the Patent Trial and Appeal Board (“PTAB”). See 35 U.S.C. § 282 (“[a] patent shall be presumed valid”). In IPR, patentability of the claims is being challenged, rather than validity.

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Topics:  Inter Partes Review Proceedings, Patent Litigation, Patent Trial and Appeal Board, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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