PATENT DISPUTES
CD: In your opinion, what have been the key trends and developments shaping patent disputes over the past 12 months or so?
Sheridan: One of the most significant recent trends has been the sharp decline in petitions for inter partes review (IPR) filed at the Patent Trial and Appeal Board (PTAB), one of the most popular venues for patent disputes. At the same time, the rate of unpatentability determinations by the PTAB has also been decreasing. Historically, the speed, cost efficiency and high rate of patent claim invalidation at the PTAB have made IPRs popular with patent challengers. In fact, as the popularity of IPRs has grown, there has, until recently, been a steady decline in the number of patent lawsuits filed in district courts. It will be interesting to see whether the decline in IPR petitions and the decline in patent challenger success continues. If so, these trends could potentially have a significant impact on the patent dispute landscape.
Connor: In the US, the incidence and effectiveness of IPR petitions and trials in the PTAB, concurrent with infringement litigation in federal district court, have continued to evolve. IPRs may not be instituted as readily as in prior years, especially when prior IPR petitions were filed or the litigation is at an advanced stage. Also, the scope of IPR estoppel has become broader, generally.
Apr-Jun 2020 issue
Alston & Bird LLP
Charles Russell Speechlys
Charles River Associates