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Navigating Inter Partes Review Appeals in the Federal Circuit: A Statistical Review

Christopher A. Suarez

©2017. Published in Landslide, Vol. 9, No. 3, January/February 2017, 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.

Inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) began in earnest just over four years ago—on September 16, 2012. These proceedings have dramatically changed the landscape of patent litigation in the United States. Though IPRs are restricted to anticipation and obviousness challenges using patents and printed publications, they have proven to be a cost-effective complement to district court litigation. Well over 5,000 IPRs have been filed to date,1 and the trend shows no signs of slowing down.

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