Can an Industry Group Appeal an Unfavorable IPR Decision?

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Patent owners, both those practicing their invention and nonpracticing entities (NPEs), often approach companies they believe are infringing their patent rights. The patent owners threaten lawsuits if the companies do not stop selling certain products or demand a license with a threat of a lawsuit if no agreement is reached. If the companies are unable to reach an agreement with the patent owner, they often turn to invalidation proceedings, such as inter partes reviews (IPRs), covered business method (CBM) proceedings, or postgrant reviews (PGRs).

Originally published in Bloomberg BNA's BNA’s Patent, Trademark & Copyright Journal® - November 24, 2017.

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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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