The key questions that were discussed throughout this program were:
- Under the AIA’s inter partes review, who bears the burden of proof for demonstrating unpatentability?
- Under which sections of the Patent Act can challenges be brought to inter partes review?
- What are the timelines for filing petitions for inter partes review? What are the fees?
- What are the criteria for granting petitions for inter partes review?
- To what extent do Federal Rules of Evidence apply to inter partes review?
- How does the filing of Declaratory Judgment affect rights to pursue inter partes review?
- When is estoppel triggered in the context of inter partes review?
- How do discovery and Markman hearings in the context of inter partes review compare to traditional litigation?
- How do stays work with regard to inter partes review?
- How can failed patent challenges in inter partes review lead to a greater likelihood of the determination of willful infringement?
- To what extent do intervening rights exist for new claims incorporated into patents after inter partes review ?
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