Like most Hatch-Waxman attorneys, we couldn't help but notice the mysterious allure of the new inter partes review (IPR) procedure. The potential of faster resolutions and lower costs makes this temptress an attractive alternative to litigation. Engaging in this new relationship taught us some valuable lessons to keep in mind as you consider canoodling with IPR, and we developed some key considerations if you decide to take the leap.
The Basics
IPR was borne out of 2012's America Invents Act, replacing the tired inter partes reexamination procedure. IPRs are administered by the newly established Patent Trial and Appeal Board (PTAB), a panel of administrative law judges with technical backgrounds. An IPR cannot be filed until at least 9 months after a patent's issue date, and must be instituted within one year after a patent is asserted in litigation.
To read the full text of the article written by Duane Morris partner Kevin M. Nelson and associate Emily N. Winfield, please visit the Generics Web website.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.