Limiting Measures Affect IPR-EPR Interplay

At a recent Congressional hearing, USPTO Director John Squires responded to pointed questions about changes impacting the Patent Trial and Appeal Board (PTAB) over the past year. Squires told legislators that even under new processes governing America Invents Act (AIA) review institution, particularly in inter partes reviews (IPRs), which have been widely seen as restricting access to the PTAB, defendants still have other options to challenge patent validity outside district court. The Director pointed specifically to ex parte reexamination (EPR). This IPR-EPR interplay . . .