Rob Maier, intellectual property and patent trial partner in Baker Botts' New York office. Courtesy photo Rise of the Reexam: Surging Ex Parte Reexamination Filings Expected to Increase by 40%
"From 2017 through 2023, IPR filings have been trending downwards, with 86 fewer petitions filed each year on average over that period," writes Rob Maier.
September 24, 2024 at 11:55 AM
9 minute read
Since its enactment under the 2011 America Invents Act (AIA), inter partes review (IPR) has remained a pivotal tool for challenging the validity of patents. IPR was introduced under the AIA's initiative to improve the quality of the patent system and reduce the cost of challenging and invalidating bad patents. IPR is a trial proceeding held before the U.S. Patent and Trademark Office's (USPTO) Patent Trial and Appeals Board (PTAB) through which a third party can petition to challenge the validity of a patent.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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