• In <i>inter partes</i> review, should i defend my patent with a preliminary response? sure, join the club, attack everything about the petition
  • August 17, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • February 27, 2017 — <i>Inter partes</i> review (IPR) at the Patent Trial and Appeal Board (PTAB) is a “perfect storm” for patent owners who assert their patents in litigation. The patent owners risk their patents being attacked by potentially well-funded and highly effective lawyers in front of technically-expert patent judges, based on worldwide, scouring searches for older patents and publications, with no presumption that their patents, though examined at the U.S. Patent and Trademark Office, are valid, and with the patent terms interpreted as broadly as reasonably possible, setting the patent claims up for cancellation. Seventy percent of patents for which IPRs proceed to final decision suffer some cancellations