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IP Litigation

Fish Presents Inter Partes Review Master Course at The University of Iowa College of Law

March 30, 2017

IP Litigation

Fish Presents Inter Partes Review Master Course at The University of Iowa College of Law

March 30, 2017

Back to Fish's Litigation Blog

 

On March 24, 2017, I had the pleasure of presenting an Inter Partes Review (IPR) master course to 17 law students and practitioners at the University of Iowa College of Law’s Innovation, Business and Law Center.

Inter partes review has become a popular procedure used to challenge the validity of patent claims asserted in litigation. Inter partes review can be a cost-effective means for addressing validity issues before the Patent Office that otherwise would be raised in litigation.  However, a party considering challenging the validity of a patent in IPR must carefully consider the potential for estoppel in later litigation on references and arguments that the PTO rejects.

During the Iowa Law master course we covered in great breadth many facets of IPR practice, emerging trends, and opportunities for reform.  For instance, we examined:

  • the process of petitioning IPR.
  • considerations in whether to petition and the importance of doing so early in litigation to preserve the possibility for a stay.
  • the importance of identifying real parties in interest.
  • the current, unsettled state of the law regarding the scope of estoppel on prior art asserted in related litigation.
  • various efforts to strengthen patents and curb perceived abuse of the IPR system.

The attendees applied specific concepts, such as arguing for the broadest reasonable interpretation and prior art searching, during in-course exercises.

Thanks to Professor Jason Rantanen, for his efforts in organizing and promoting the IPR master course.  And congratulations to Professor Christina Bohannan who has stewarded an Iowa Law team to nationals in the Giles Sutherland Rich Patent Moot Court for four straight years.

As an Iowa Law alum, I find opportunities to return to campus and give back through programs such as this IPR master course extremely rewarding. If your organization would like to learn more about intellectual property law, patent litigation, or IPRs, please contact me.

Related Tags

inter partes review
inter partes review (IPR)

Blog Authors

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Phillip W. Goter | Associate

Phillip Goter is an Associate in the Twin Cities office of Fish & Richardson. Phillip has litigated extensively in the computer software and hardware space, including GPS, Apps, computer and network security, wireless networking, home automation, and cloud computing. Phillip has...

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