The Evolving Scope of the Inter Partes Review Statutory Time Bar

Inter partes review (“IPR”) is an adversarial administrative proceeding at the United States Patent and Trademark Office allowing a party to challenge the validity of an issued patent before the Patent Trial and Appeal Board (“PTAB”). Since the enactment of the America Invents Act, IPR proceedings have become an integral part of litigating patent disputes, often proceeding concurrently with patent infringement lawsuits in United States district courts. Indeed, 9,545 petitions have been filed since IPR proceedings became available in September 2012