• You Lost the IPR You Started. You Get an Appeal, Right? No, Maybe Not
  • March 3, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • Inter partes reviews (IPRs) are the new way to challenge patents. An IPR petition, if the Patent Trial and Appeal Board (PTAB) takes the petition up for trial, has an approximate 70 percent statistical chance of killing the challenged patent. Still, you can lose. Thirty percent of petitions lose, where at least one patent claim survives. You get an appeal and maybe another chance, right?