Strategic Considerations for Inter Partes Re-examination

The cost of patent litigation is enormous, and continues to increase. According to the 2003 AIPLA survey, the median cost for a patent litigation with less than $25 million at stake was close to $2 million. Furthermore, many large companies are increasingly coming under attack from small patent holders or patent holding companies. Because of these developments, the <i>inter partes<i> re-examination procedure is becoming an increasingly attractive alternative for patent defendants. However, the <i>inter partes<i> re-examination procedure carries its own risks. As discussed further below, the advantages and disadvantages should be carefully weighed prior to instigating an <i>inter partes</i> re-examination.

17 minute readAugust 01, 2005 at 09:33 AM
By
Adam D. Sheehan
Strategic Considerations for Inter Partes Re-examination

The cost of patent litigation is enormous, and continues to increase. According to the 2003 AIPLA survey, the median cost for a patent litigation with less than $25 million at stake was close to $2 million.

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