Should You Use A Patent Practitioner Or Litigator For IPR?
Gerald M. Murphy, Jr. for Law360
Although inter partes review trials before the Patent Trial and Appeal Board have been referred to as “the new patent litigation,” such trials are a far cry from a true patent litigation. Conflicting opinions have been expressed as to whether an experienced “litigator” or an experienced “patent practitioner” is more suited to managing and handling an IPR. It is submitted that an experienced patent practitioner, particularly one with considerable inter partes and appellate experience within the U.S. Patent and Trademark Office, is particularly qualified to handle an IPR.