Is PTAB death squad’ just a myth?

Intellectual Property Magazine
June 2015

This article discusses a comprehensive analysis undertaken by Fitzpatrick of the results of final decisions issued by the PTAB in Inter Partes Review (“IPR”), Post Grant Review (“PGR”), and the Transitional Program for Covered Business Method Patents (“CBM”). The article provides a clearer picture of the proceedings, particularly in view of early concerns expressed over the effect these proceedings might have on patent rights, and illustrates some significant distinctions between how challenges to patent validity fare in the PTAB versus district courts.

Written by Justin Oliver, Jonathan Berschadsky and Michael Scerbo.

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