May 01, 2018 Landslide

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

By Anne S. Layne-Farrar

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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