The Other Thirty Percent: An Economic Assessment of Duplication in PTAB Proceedings and Patent Infringement Litigation

The Other Thirty Percent: An Economic Assessment of Duplication in PTAB Proceedings and Patent Infringement Litigation

Anne Layne-Farrar
Antitrust & Competition

Congress “repeatedly stated [that] its paramount goal” in having inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB or the Board) was to “serve as a cheaper, faster alternative to be used instead of – rather than in addition to – litigation in district court.” More than five years after IPR trials were established, however, it is unclear whether Congress will achieve its goal. Duplicative patent challenges within and across IPRs and district court litigation is the focus of this article. To read the article, click the link below. 

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