2 ms·
If you want the patent holders to lose, NPEs or otherwise, then you want to fight through litigation and not the incredibly high bar set by the IPR. IPRs are ex
by williamcotton 11mo ago
If you want the patent holders to lose, NPEs or otherwise, then you want to fight through litigation and not the incredibly high bar set by the IPR. IPRs are expensive, time consuming and difficult. I've mainly seen them used strategically to encourage the court to grant a stay. Continuing litigation by focusing on invalidity contentions in response to infringement contentions is a better path forward.
A successful IPR will most likely need multiple forms of prior art. Each prior art must cover every independent and dependent claim of the patent in question, either through anticipation or combined obviousness.
Typical infringement contentions will not cover every claim and are therefore easier to defend.