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Can Arbitration Fix the Patent System? PTAB Participants Consider Arbitration in View of Increased Complexity of IPRs

By David L. Newman

©2019. Published in Landslide, Vol. 11, No. 5, May/June 2019, 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.

Patent litigation has now become a much more complex, expensive, and timely endeavor— especially at the Patent Trial and Appeal Board (PTAB). Patent litigators must deal with an overly complex inter partes review (IPR) system as a result of the Supreme Court’s SAS decision,1 new amendment process,2 and evolution of the broadest reasonable interpretation standard.3 A costly and complicated PTAB proceeding and lengthy appellate process make arbitration an appealing option to obtain a patentability ruling in a streamlined manner.

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