October 22, 2020 Articles

An IPR Challenge to Any Patent Claim May Be Lost If Not Comprehensive and Rigorous Enough

The Federal Circuit holds that the Patent Trial and Appeal Board may uphold patentability of a claim on a basis not raised by the patent owner.

By Robert M. Asher

A petition for inter partes review (IPR) could fail when the petition and expert declaration lack detailed explanation. An expert’s declaration stating only that a claim element would have been known as a matter of “common sense” is known to be insufficient. Arendi S.A.R.L. v. Apple Inc., 832 F.3d 1355 (Fed. Cir. 2016).

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