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<i>Inter Partes</i> Reviews

By Steve Hemminger and Chris Kelly

In September of last year, the America Invents Act (AIA) introduced a number of powerful tools for challenging the validity of an issued patent at the U.S. Patent and Trademark Office (USPTO) ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). Over the past year, these procedures have made the USPTO's Patent Trial & Appeal Board (PTAB) the third most active venue for patent litigation. By a large margin, however, the most popular of these procedures has been the IPR.

In their first year, IPR proceedings experienced widespread industry adoption with nearly 500 petitions being filed. If the increasing rate of these filings holds, twice that amount will be filed in the coming year. By adding a fast-tracked, trial-like invalidity proceeding before three technically savvy administrative law judges, the IPR procedure has altered the dynamics for challenging a patent's validity.

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