The America Invents Act (AIA) established inter partes review (IPR) proceedings at the U.S. Patent and Trademark Office (PTO). Under this new regime, any person other than the patent owner is able to challenge the validity of a patent with a patent office trial. In a growing number of cases, the validity of a patent is determined at the PTO prior to a district court dispute on infringement. The cost and time benefits of an IPR has encouraged hundreds of petitioners to partake in these new proceedings.
One strategy that has emerged to improve a petitioner’s chances of invalidating a patent at the PTO is for the same petitioner to file more than one IPR for a single patent.
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