When the companies’ share prices fall in response to the petitionĬhallenging and/or invalidating some or all of the claims of the companies’Ĭompanies also use post-grant proceedingsĪs an additional weapon in litigation or to avoid litigation in theįirst place.
The stock of the pharmaceutical companies and hopes to profit if and Markets by invalidating patents covering drugs. Targeted pharmaceutical patents, in an effort to shake up the financial 8 Nonindustry stakeholders, such as hedge fund managers, have also As another example,Ĭompetitors who see companies with broad, blocking patents may benefitįrom PGR proceedings, where they can make indefiniteness and lack Have a basis to file suit in district court, can go to the PTAB andĪttempt to invalidate patents standing in its way. Industry competitors, generic drug companies, and nonindustry stakeholders.Īs one example, a company in the early stages of development who wantsįreedom to operate in developing a new drug, but who would not yet Patents can be attacked by a diverse group of challengers, including Relaxed standing requirements at the PTAB, pharmaceutical and chemical III. Why Are Post-Grant Proceedings so Popular? Question important to other patents or applicants.
Must show that it is more likely than not that at least one challengedĬlaim will be found unpatentable, or raise a novel and unsettled legal For the PTAB to institute a PGR, the petitioner Is indefinite or lacks enablement, or is invalid for obviousness-typeĭouble patenting, in addition to the novelty and obviousness groundsĪvailable for an IPR. However, a PGR petition can raise arguments that a patent lacks utility, Not previously filed a civil action challenging the validity of aĬlaim of the patent.
Than the patent owner, can file a PGR petition, so long as they have To first-inventor-to-file provisions of the AIA and must be filedīy a third party within nine months of a patent being granted or reissued.įor this reason, PGR practice is still in its infancy, as many post-AIA PGR proceedings only apply to patents issuing from applications subject To at least of the claims challenged in the petition” As a threshold matter, a petitioner must showĪ “reasonable likelihood that would prevail with respect The PTAB has discretion whether or not to agree to decide (or “institute”)Ī post-grant challenge. On published patents, patent applications, and printed publications. On grounds that the claimed invention is not new or is obvious based A petitioner may challenge patent claims only Sought to invalidate the patent through a civil action and has notīeen served with a complaint alleging infringement of the patent more IPRs have been available since September 2012,Īnd can be filed for any patent by any party who has not previously Petition are also being litigated in the federal courts. Indeed, approximately 87% of the patents challenged in an IPR or CBM Of a patent involved in district court litigation to file a IPR/CBM/PGR. As a result, it is nowĪ common and expected litigation strategy for a potential infringer The challenger instead of the patent owner.
VIEW PTAB FILED DOCUMENTS TRIAL
In district court, and the burdens of proof in a PTAB trial favor ChallengingĪ patent at the PTAB is cheaper and faster than litigating a patent Has shown that these post-grant proceedings are increasingly popularĪnd have been a game changer across all industries and patents. In a district court to challenge patent validity. Have allowed challengers who were not previously able to bring suit Proceedings, also known as Patent Trial and Appeal Board (PTAB) trials, Patents after grant by the United States Patent and Trademark Office: inter partes review (IPR), post-grant review (PGR), andĬovered business method review (CBM). (AIA) created three new procedures for reevaluating the validity of
0 kommentar(er)
