The Interplay between IPR and XPR (PTAB Women Practitioners)

Whether parties choose to file Inter Partes Review (IPR) petition or Ex Parte Reexamination (XPR) generally has to do with the overall litigation strategy. Similar to IPRs and post-grant reviews (PGRs), XPR is a cost-effective alternative to using litigation to challenge patent validity. The standard for proving that a claim is unpatentable is lower during an XPR than during litigation. This panel consists of all women PTAB Practitioners who review and explore practical and strategic considerations of parties choosing Ex Parte Reexamination (XPR) rather than Inter Partes Review (IPRs) petitions. Our panel consists of Michelle Aspen, Senior Patent Counsel at Unified Patents, LLC; Jessica C. Kaiser, former Lead Patent Administrative Judge (LPAJ) of the United States Patent and Trade Office (USPTO), and Partner at Arnold Porter Kay Scholer, LLP (Denver Office); Kara Specht, Partner at Finnegan, LLP (Atlanta office); and moderated by Grace Wang, Associate of Allen & Overy, LLP (New York office). Legal Disclaimer: This video is posted for educational purposes and does not constitute legal advice.