Re: Different analysis-At least one claim for which inter partes review was instituted survived
posted on
Mar 29, 2015 03:02PM
So 70-80 % of patents that go through an Inter Partes Review are found invalid. However, it is my understanding that a three person panel has to decide whether an IPR is appropriate in the first place. If numerous claims of a patent were being questioned the panel would most likely allow the review to go forward figuring that at least one of the claims will be invalidated. That is not the case with us. There is only one claim of one patent in question. Therefore, it would seem to me that with only one claim to deal with and with the two very positive claims construction results in the bank the panel could very well decide to not grant the review thus the 70-80% stuff would not even come into play. If I am off base please say so.