"Strategic Considerations before Filing an IPR," Landslide Vol. 7, No. 2, November 2014
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More than two years ago, the America Invents Act (AIA) reshaped trials at the U.S. Patent and Trademark Office (USPTO). The AIA established inter partes review (IPR) proceedings with the goal of having a new procedure that would provide a faster and cheaper alternative to district court litigation. IPRs allow for any person other than the patent owner to file a petition challenging the validity of a patent in view of prior art patents or printed publications. IPRs have started to change the landscape of patent practice, as they are being filed at an exponential rate. In many cases, IPRs provide a cost-effective and quick alternative to challenge the validity of a patent. The benefits of IPRs have placed urgency and importance on invalidating patents at the USPTO.
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