A new form of patent litigation enables a company to get a fast and reliable decision on the validity of a patent for a fraction of the cost of a district court case. The value of “Inter partes review” (IPR) has been recognized by companies and patent practitioners: More than 3,500 cases have been filed since its introduction in late 2012.
For a company deciding whether to market a new product in the face of a dubious blocking patent, IPR provides a low-risk way to get an up-or-down answer before committing resources to development. For a company chafing under an unfavorable license agreement for a patent it believes to be invalid, IPR provides a means of escape. For a company actually facing patent litigation, an IPR can get the court case stayed or terminated altogether.
