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Fitzpatrick Cella

, founded in 1971, is a leading national intellectual property law firm of nearly 150 lawyers with offices in New York, Costa Mesa, California and Washington, D.C. The Firm’s practice covers the spectrum of intellectual property services, including applying for patent and trademark protection, litigation, appeals, interferences, alternative dispute resolution, licensing, opinions, corporate transactions, and due diligence. Fitzpatrick represents an international client base from Fortune 500 companies to start-up companies. Visit the firm's website for more information.

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Comprehensive Study of Patent Trial and Appeal Board Decisions

the study determined that 73.5% of the challenged claims did not survive review in IPR proceedings that reached a final decision on the merits. The report also shows that, in final decisions from the PTAB, 37.5% of the claims initially challenged were found unpatentable under 35 U.S.C. § 102 (anticipation), while 57.6% of the claims were found unpatentable under 35 U.S.C. § 103 (obviousness). (Some claims were found unpatentable under both grounds.) In a recent study of patent decisions in district court cases, the district courts invalidated claims under Section 102 at a rate of 31.1% and under Section 103 at a rate of 27.8%.