Knobbe Martens partner Ali Razai was quoted by Law360 in the article “The Biggest Patent Rulings Of 2023: A Midyear Report.”
Mr. Razai spoke on Ironburg Inventions v. Valve Corp., a case where the Federal Circuit set two standards for patent challengers, deciding that the patentee has the burden of proving that invalidity grounds not raised in a petition for inter partes review could reasonably have been raised.
Mr. Razai commented on how the Federal Circuit’s ruling will leave patent challengers with more limited opportunities to make prior art invalidity arguments following a PTAB decision. “You’re going to walk into that petition not with a full understanding, but with an assumption, that if this petition gets instituted, you’re probably not going to get a chance at arguing prior art in front of any other body again,” he said.
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