While much invective has been thrown around concerning IPR proceedings in the past few years, the institution rate of IPRs continues to fall, whether due to parties becoming savvy to proceedings, an improvement in the quality of patents being challenged, or due to developing statutory interpretations before the Patent Trial and Appeal Board (PTAB) and the Federal Circuit. It is still early days, and there are many aspects of IPRs that do not have judicial guidance yet. In this article, Finnegan attorneys Thomas L. Irving and Samhitha C. Muralidhar examine some threshold bases for IPR petition denial and current patent owners' success rates.
Previously published by Law360
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