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August 26, 2015

Comments

Hey Kevin,

Even using the USPTO's own statistics on IPRs, once the IPR is initiated, the assertion made by many that IPRs are "patent death squads" (wholly or at least partially) appears valid to me.

Without delving into the particulars of each case it is hard to give broad brush assertions. However, what is interesting (to me, at least) is that almost 13% of the challenged claims were ultimately cancelled or disclaimed by the patent owner. I think that says a lot and strongly suggests the need for an enhanced prosecution option such as an EP opposition-type procedure.

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