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Expert Analysis

Post-Grant Proceedings As A Freedom-To-Operate Tool

By Marianne Terrot, Paula Miller, Stacy Lewis and Tom Irving ( October 30, 2017, 10:19 AM EDT) -- While some may take it as a given that patent owners view America Invents Act post-grant proceedings — inter partes reviews and post-grant reviews — as disadvantageously weakening the U. S. patent system, the attitudes of patent owners may be more nuanced. Many parties, whether themselves patent owners or not, believe that IPRs and PGRs can also strengthen the U. S. patent system by providing less expensive and speedier avenues for rooting out invalid, i. e. , unpatentable, patents. . . .

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