Erise IP Shareholder Adam Seitz and Associate Carrie Bader were featured as guest columnists in this past month’s issue of Ingram’s. The authors provided valuable insights and updates on the latest advancements in patent litigation including details on the new process of inter partes review (IPR), which serves as a great weapon for companies to fight off the ever-increasing issue of abusive patent litigation or “patent trolls.”
“The problem of abusive patent litigation is so significant that even Congress and President Obama have begun discussing ways to fix the system,” the article states.
Seitz and Bader explain how companies of all sizes are at risk because patent trolls rely on two assumptions: “(1) that smaller companies are less ‘patent savvy’ and won’t know how to fight; and (2) that larger companies would rather pay a settlement fee than spend money in litigation.”
Thanks to the recent America Invents Act, however, companies can now defend their claims through the improved process of IPR at the U.S. Patent and Trademark Office. This alternative resolution is faster and less expensive than traditional litigation yet results in a higher rate of success, the Erise IP pair reported.
Also in the Ingram’s article, Seitz and Bader outline the full process of IPR along with some of the kinks that are still being worked out. The authors share tips on how to leverage innovative and impactful tactics in court should your company pursue traditional litigation instead of IPR.
To read Erise IP’s full article on the latest advancements in patent litigation visit Ingram’s website here.