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The Business of Patents

Tag: Inter Partes Review

Patent Challengers Are Retreating to Ex Parte Reexamination – and That Is Mostly Good News for Patent Owners

For more than a decade, the most prevalent way to attack a patent outside of court has been the “inter partes review” (IPR) provided by the America Invents Act in 2012. That is changing quickly. As the USPTO has issued an increasing number of discretionary denials – refusing to institute an IPR without ever reaching […]

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Strategies for Leveraging the America Invents Act’s Tools for Challenging Patents

With the enactment of the America Invents Act (AIA), companies now have a wide array of tools for challenging and neutralizing patents before they become a threat.  Each tool has its advantages and disadvantages, but collectively they may allow companies to head off district court infringement suits before they can happen. The various tools are: […]

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