December 21, 2015

Challenge to Inter Partes Review 'Doomed' From the Start, Amy Hamilton Tells The Indiana Lawyer

The process of inter partes review (IPR), a key component of the 2011 America Invents Act, survived a challenge before the Federal Circuit Court of Appeals (CACF) in a decision passed down on Dec. 2. As detailed in The Indiana Lawyer, MCM Portfolio LLC v. Hewlett-Packard Co. appeared before an IPR panel in 2013, where Hewlett Packard successfully challenged four MCM patents for a technology that links computers to flash drives. MCM appealed to the CACF and argued that the IPR process was unconstitutional--an argument that Faegre Baker Daniels counsel Amy Hamilton said was likely dead on arrival. 

"I think this was probably doomed [from the start], but I think [MCM Portfolio] did a pretty decent job of putting their best foot forward," Hamilton said. 

IPR decisions can be appealed directly to the CACF, which Hamilton said serves as a useful balance in patent decisions.

"In my view, they usually get it right," Hamilton said of the CACF.

Full Article
The Faegre Baker Daniels website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Baker Daniels' cookies information for more details.