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Inter Partes Review and Post-Grant Review: Overview, Statistics & Strategies


Created on October 11, 2018




What are Inter Partes Review (IPR) and Post Grant Review (PGR)? Why does it matter to businesses in the US? Join attorneys Ha Kung Wong and John Kirkland for this in-depth discussion.

In the distant past, challenging the validity of a patent was predominantly the domain of district courts. But after the America Invents Act, specific trial-like challenges to patent validity and enforceability can be pursued at the US Patent & Trademark Office. With similarities to litigation, including briefing, expert reports and depositions, as well as significant differences, including different burdens of proof and limited discovery, IPRs and PGRs have become the forum of choice for patent challengers. Now that the Supreme Court has upheld the constitutionality of these proceedings, it's even more important for businesses of all kinds to understand the ins and outs of these procedures and how it might affect the ability to produce and sell new products.

Learning Objectives:

  1. Break down the basic structure and process of IPRs and PGRs
  2. Prepare for filing and/or defend against an IPR or PGR petition
  3. Discuss recent case law concerning IPRs and PGRs
  4. Address statistical trends concerning IPRs and PGRs

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