Patent Reviews Rise Sharply—And Cases Are Settling Faster, Too
Anyone paying even a little attention to intellectual property law has by now heard of inter partes review—the patent challenges at the U.S. Patent and Trademark Office created under the America Invents Act.
September 21, 2015 at 09:27 AM
2 minute read
Anyone paying even a little attention to intellectual property law has by now heard of inter partes review—the patent challenges at the U.S. Patent and Trademark Office created under the America Invents Act. These procedures have become increasingly popular since they were first made available in September 2012. Nearly 3,500 IPR petitions have been filed so far, and as of Aug. 31, more than 1,600 had been filed in fiscal 2015 alone.
But a fact that is perhaps less well known is that there has been a sharp increase in the number of settlements of IPRs. And the increase is reflected in settlements reached both before and after the PTO's Patent Trial and Appeal Board has decided whether or not to institute a full review.
But Foley & Lardner partner Stephen Maebius, who brought this data to our attention, says the increased number of settlements reached before the PTAB has made the decision on whether to institute is especially noteworthy. In fiscal 2015, 268 pre-institution settlements were reached as of Aug. 31—more than double the number reached in the previous fiscal year.
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