Partners David McCombs and Eugene Goryunov and Counsel Jonathan Bowser authored an article in Thomson Reuters Westlaw Today discussing the evolving standards for stipulations to avoid discretionary denial.
Read an excerpt below:
Inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) are frequent components of patent litigation disputes. As part of a defense strategy, a party accused of patent infringement often files an IPR petition to challenge the validity of the asserted patent(s).
The PTAB determines whether to institute a trial based on the invalidity grounds in the petition and any preliminary response by the patent owner. If trial is instituted and the parties do not settle, the PTAB will typically issue a final written decision within one year of institution. Thus, IPRs provide a speedy resolution of validity disputes.
To read the full article on Thomson Reuters Westlaw Today, click here.
