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ARTICLE · 05 AUGUST 2025

Intellectual Property Report - August 2025

Baker Botts L.L.P.
Baker Botts L.L.P.
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Baker Botts L.L.P.

Baker Botts L.L.P.

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When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation.

United StatesIntellectual Property
Baker Botts
Baker Botts

Ex Parte Reexaminations Poised to Make a Quiet Comeback: Discretionary Denial Guidance for Inter Partes Reexamination May Increase Ex Parte Reexaminations

Matthew Chuning

Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance from the USPTO suggests that IPRs will become harder to initiate, prompting a renewed interest in ex parte reexaminations (EPRs)—a non-adversarial, lower-threshold procedure that allows any party to challenge a patent's validity through prior art. With rising EPR filings and declining IPR use, EPRs appear poised for a quiet resurgence as patent challengers seek alternatives amid shifting USPTO policies.

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