40% Of Patent Claims Survive IPR Request: Report

By Kevin Penton

Law360, New York (April 12, 2016, 10:42 PM ET) -- About two out of every five patent claims that petitioners ask the Patent Trial and Appeal Board to scrutinize under inter partes reviews survive, according to an analysis released Monday by Fitzpatrick Cella Harper & Scinto.

Those seeking to invalidate claims through covered business reviews have been more successful, with only 15 percent of challenged claims surviving, according to Fitzpatrick’s review of Patent Trial and Appeal Board data from 2013 through 2015.

The figures reflect not only claims that the board determined to be valid after...