PTAB Challenge Success on Claim-by-Claim Basis Shows Advantage Over Court Litigation

摘要

Takeaway: Patent claims challenged under America Invents Act proceedings, if the case proceeds to a final decision on the merits, are being cancelled at rates of 73.5 and 91.4 percent for inter partes review and covered business methods, respectively. The Patent Trial and Appeal Board is more likely to find patent claims unpatentable for obviousness than will a district court, according to a study published April 9 by Fitzpatrick, Cella, Harper & Scinto LLP.