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Study of PTAB final decisions suggests death squad perception undeserved

Michael Loney, New York

A study by Fitzpatrick Cella Harper & Scinto suggests that the perception of the PTAB as a death squad for patents is outdated and petitioners and patent owners should adopt a more nuanced attitude that takes the type of challenge more into account

Fitzpatrick Cella Harper & Scinto conducted a review of all final decisions in inter partes review (IPR) and covered business method (CBM) proceedings issued by the Patent Trial and Appeal Board (PTAB) through 2014.

The report determined that 73.5% of challenged...

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