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Intellectual PropertyFeaturesPatent Licensing and TransactionsPatent LitigationUnited States Supreme CourtThe Intellectual Property Strategist

Supreme Court Gives <i>Inter Partes</i> Review the Green Light

By Athul K. Acharya
inter partes Oil States Energy Services v. Greene's Energy Group

Why Inter Partes Review?

inter partes
  • It's faster, with an average time of 18 months from filing a petition with the PTAB to a final written decision;
  • It's significantly cheaper — the median cost of an IPR is only $350,000, compared to $5 million in district court;
  • It requires a lower standard of proof — a preponderance standard rather than the “clear and convincing evidence” required in district court; and
  • A challenger need not have Article III standing: any interested party, whether accused of infringement or not, can file a petition for IPR.

Patents Are a 'Public Franchise'

McCormick Harvesting Machine Co. v. Aultman United States v. American Bell Telephone Co.

Battle of the Originalists

structure content stare decisis Oil States

Future Challenges for IPR

inter partes Oil States Alice Corp. v. CLS Bank Christy, Inc. v. United States ***** Athul K. Acharya [email protected]

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