Opening Word document…
Current mismatched standards incentivize repeat IPR filings.
Wiggins 11-23-2016. [Sherron, IP Associate, Davis Wright Tremaine LLP, “Inter Partes Review: Should Hedge Fund Managers be Able to Profit from Challenging a Patent’s Validity?,” , https://www.swlaw.edu/sites/default/files/2017-04/5%20Inter%20Partes%20Review.pdf //cpsw-ay]
The difference in evidentiary standards essentially creates a second bite at the apple for those challenging patent invalidity. If challengers fail to invalidate a patent in district court, they may file an IPR petition with the PTAB where the evidentiary standard is lower and, while arguing the same factual matter, prevail. 135 Additionally, if one party fails in district court, a separate third party can challenge patent validity using the IPR system.136
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