May 01, 2018 Feature

The Cost of Doubling Up: An Economic Assessment of Duplication in PTAB Proceedings and Patent Infringement Litigation

By Anne S. Layne-Farrar

©2018. Published in Landslide, Vol. 10, No. 5, May/June 2018, 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.

With the Supreme Court’s recent ruling that Patent Trial and Appeal Board (PTAB) proceedings are constitutional,1 now is a good time to consider whether those proceedings live up to their policy promise. Congress’s goal for inter partes review (IPR) was for the process to be a “cheaper, faster” alternative to district court litigation.


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