• Challenging and Defending Obviousness at the PTAB
  • June 2, 2015 | Authors: Brittany M. Martinez; Bradley J. Van Pelt
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • In the first two-and-a-half years of inter partes review (IPR) precedent, IPRs have proven to be an effective means of challenging the validity of a patent. More than 73 percent of claims originally challenged in IPR petitions have been either cancelled by the patent owner or found unpatentable by the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO).1 Where the PTAB has granted petitions for IPRs, it jumps to more than 81 percent.2