IP: Do the New Patent Office Trials Really Make Patent Litigation Cheaper?

Reviewing cost effectiveness of America Invents’ Patent Trial & Appeal Board (PTAB) inter partes review (IPR) actions for patent invalidity.

February 05, 2014

Patent litigation is famously expensive. The issues are complex, high-priced experts are often a must, and the process can take years. And just when you think the multi-million dollar ride will stop, the Federal Circuit Court of Appeals can change the claim construction and remand the case for another trial. One of the promises of the America Invents Act was to change all that by offering streamlined litigation on the validity of the patent in the patent office as an alternative to district court litigation. Now, about 18 months into the experiment, it is fair to ask whether patent litigation is becoming more cost effective. The answer inside counsel may not want to hear is sometimes yes, but on average, probably not much.

Reprinted with permission from InsideCounsel.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Cyrus A. Morton

Partner

Chair, Patent Office Trials Group

Related Publications

December 8, 2022
Lessons From MMAS Research About Dispositive Pitfalls in Copyright Litigation
David Martinez, Austin Miller - Los Angeles & San Francisco Daily Journal
November 19, 2022
How to Use the USPTO Patent Public Search Tool
Miles Finn, Rajin Olson, Kelson Bain, and Ian LaForge - IPWatchdog
October 2022
In No Uncertain Terms
Bryan Mechell - The Robins Kaplan Quarterly
September 13, 2022
Patent Value: Scoring Patents Using Characteristics Of Patents In Litigation
Christopher K. Larus, Miles A. Finn, Congnan Zhan, Joseph (Yu) Chen, and Shelley Gilliss - les Nouvelles
September 2, 2022
Trade Dress Through a Trial Lens: Six Strategy Tips For Litigants
Christopher Larus, William Manske - Managing IP
Back to Top