Tag Archive for litigation costs

Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost

graph showing close correlation between cost of NPE litigation and increases in procedural denials of IPR

The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionary denial as a rule, a request for comments on rulemaking by the Office, and a challenge to the practice of discretionary denial as illegal under the Administrative Procedure Act.…

Inter Partes Review: Five Years, Over $2 Billion Saved

This Saturday, September 15, 2017, marks the five-year anniversary of the first filing of an inter partes review.  We’ve seen nearly 7,000 post-grant reviews filed since then, a Supreme Court case dealing with IPRs, and there are a pair of IPR Supreme Court cases up this term.  [Oil States] [SAS] Over the next few weeks,…