Once Upheld, Always Upheld? USPTO Proposal Limits IPR Access

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The U.S. Patent and Trademark Office (USPTO) has proposed rule changes to 37 C.F.R. § 42.108 that will dramatically narrow access to inter partes review (IPR) proceedings. The new framework would limit IPR availability for patents previously challenged in litigation or before the Office, potentially reshaping how defendants, patent owners and investors assess patent validity risk….
By: Polsinelli
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