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Expert Analysis

Shining Some Light On 'Dark IPR' Strategy

By James Hall ( January 24, 2019, 2:04 PM EST) -- Generally, accused infringers prepare and file petitions for inter partes review hoping to benefit from the lower evidentiary burden, review by specialized administrative patent judges, and lower overall cost than litigation. However, not all petitions are filed. So-called "dark" IPRs are petitions drafted but never filed. Unlike a filed petition, which is a public document and available for inspection by anyone with an internet connection, these petitions remain private and never see the light of day — hence the "dark" moniker.[1] This article analyzes the strategic and ethical considerations for both petitioners and patent owners when considering or facing a dark IPR....

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