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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