• In IPR, Is a “Prior Art” U.S. Patent Prior? Be Careful
  • August 16, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • April 17, 2017 — IPR—inter partes review—deals with limited issues: whether patent claims are valid or invalid under just two grounds of possible invalidity, i.e., anticipation, 35 U.S.C. § 102, and obviousness, § 103. IPR determines the issues from just two sources of prior art, patents and publications. So then, easy-peasy, in terms of issues: the IPR petition presents the art, shows it is prior by its dates, the petitioner and the patent owner have two experts present two opposing opinions on the content of the prior art versus the claimed invention, and the expert Patent Trial and Appeal Board (PTAB) judges make a decision. Case over.