IPR and PGR: A Complex and Shifting Landscape

Fish Principals and Post-Grant Practice Group Co-Chairs Karl Renner and Dorothy Whelan recently published an article in Managing Intellectual Property in which they discuss the state of post-grant practice, the evolution of IPR, and upcoming developments in the practice.


“When the inter partes review (IPR) was introduced seven years ago – under the America Invent Act – as a new procedure for challenging the validity of patent claims at the Patent Trial and Appeal Board (PTAB), no one could have imagined how wildly popular IPRs would become. Over 10,000 petitions have been filed across a broad range of technologies as of May 7, 2019, with the majority of petitions in the electrical and computer industries. Of course, much has changed since IPRs were first introduced, and recent developments related to discretionary denials of institution decisions, claim amendments, and claim construction (among others) will play a critical role in current and future strategic filing decisions.”

Please see Managing Intellectual Property for the full article.