This article reviews denied inter partes reviews to determine the rationale used by the Patent Trial and Appeal Board therein. While many IPRs were denied because the prior art was insufficient to meet the "reasonable likelihood" standard used by the PTAB, there are some important procedural and technical reasons why petitions have been denied. This article summarizes the lessons learned from the different PTAB denials thus far and provides a guide to drafting future IPR petitions.
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Originally published in the August 7, 2014 edition of Law360
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
