The Problem of Non-instituted Grounds, Part II – Lessons from Liberty Mutual

September 7, 2016

For the issues raised for petitioner and patent owner like by non-instituted grounds, a possible model emerges based on the Board’s actions in Liberty Mutual, and in consideration of a near analogue in patent prosecution practice.

In Liberty Mutual…

Between the Parties

The Problem of Non-instituted Grounds, Part I – “Could Have,” Would Have, Should Have

By Jennifer Bush

August 6, 2016

Grounds asserted by a petitioner in an IPR, but not instituted (“non-instituted grounds”) can be a source of frustration for the petitioner and the patent owner alike. Frequently, not all grounds asserted in an IPR will be instituted by the…