The Legal Intelligencer Publishes Inter Partes Review Article by Akin Gump Lawyers
“A Look at Inter Partes Review in Its First Year,” an article by Akin Gump intellectual property partner Dianne Elderkin, counsel Rubén Muñoz and associate Matthew Hartman, has been published by The Legal Intelligencer.
The article discusses inter partes review (IPR), “a new proceeding that permits a party to challenge the validity of a patent on the basis of prior art patents or printed publications,” and the development in practitioners’ understanding of its use and intricacies since its implementation in September 2012 by the U.S. Patent and Trademark Office.
Among the topics covered are the success of the proceeding despite its high cost, petitioners’ success in meeting the statutory threshold for instituting an inter partes review, discovery related to an IPR proceeding and areas in which uncertainties continue to exist.
The authors conclude by noting, “In a few months, the patent bar should have better answers to some of the uncertainties described above. But one thing that is clear even now is that prudent patent owners and patent challengers must consider the potential for, and implications of, post-grant proceedings in developing their patent strategies.”
To read the full article, please click here .