Timing matters in inter partes review

Description

Abstract: Inter partes review (IPR) offers parties an expedited opportunity to challenge the validity of a patent outside of court. But, as one challenger recently learned the hard way, it’s critical that arguments against patentability be raised at the proper time. This article reviews the court’s finding that an IPR petitioner may not raise in reply an entirely new rationale for why a claim would have been obvious. Henny Penny Corp. v. Frymaster LLC, No. 18-1596, Sept. 12, 2019, Fed. Cir.