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.