A Post-SAS Alternative To Inter Partes Review

By David Newman ( August 30, 2018, 1:26 PM EDT) -- As a result of a recent U.S. Supreme Court ruling, patent litigation has now become a three-headed monster that will devour most litigants due to huge attorneys' fees. Recent circumstances affecting patent litigation practice include: (1) an overly complex inter partes review system as a result of the Supreme Court's duplicitous SAS decision, (2) the inaccessibility of district courts due to frequent stays and (3) a backlogged U.S. Court of Appeals for the Federal Circuit. These circumstances have led to an overly costly patent system that leaves nearly all but Fortune 500 companies on the sidelines — without a means to protect innovation. Patent litigation that was previously the "sport of kings," has now been jacked up to the premier league for only ultra-wealthy firms that are fortified to battle the likes of Hades and Cerberus....

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