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Supreme Court Outcome Unlikely To Dent IPR Popularity

Executive Summary

The impact of an expected Supreme Court ruling to the US Patent & Trademark Office's Patent Trial and Appeal Board and its inter partes review process – proceedings intended to be faster and more affordable alternatives to challenging patents, versus pursuing litigation through the US court system – may not be as significant as the biopharmaceutical industry has been fretting over. The court heard oral arguments in the case, known as Cuozzo Speed v. Michelle Lee, on April 25. A decision is expected by the end of June.

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