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Factors Favoring Early Settlement of Post-Grant Proceedings

Mary R. Henninger and Rebecca M. McNeill

©2016. Published in Landslide, Vol. 8, No. 6, July/August 2016, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

The same strong public policies favoring settlement of patent disputes before federal courts also encourage settlement of post-grant proceedings (PGPs) before the Patent Trial and Appeal Board (PTAB). Patent disputes are often complex, time consuming, and costly; settlement can offer a compromise that reduces costs for all parties, conserves judicial and private resources, and promotes good will. But additional factors, such as the public’s reliance on a patent owner’s public statements in the PGP, are pressuring patent owners not only to reach settlement, but also to reach settlement earlier in PGPs.

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