• Late to File Your IPR, But the PTAB Says You’re OK? Don’t Worry, the Federal Circuit Can’t Care
  • October 3, 2016 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • Inter partes reviews are the new hotbed of patent litigation. Filed at the U.S. Patent and Trademark Office, with the Patent Trial and Appeal Board, IPRs take down bad patents and eliminate them from the courts. Every accused infringer, with a chance to file, files an IPR against each patent asserted against them. They do this by filing a petition to cancel patent claims, with proof of necessary facts usually taking the form of an expert declaration. The patent owner responds with its own expert. This may lead to a battle of experts over claim interpretation, and over disclosures in prior art references. The PTAB decides who to believe and whether the patent is to be sustained or canceled.