"Despite all of the constitutional challenges that have been raised against IPR proceedings, like it or not IPR proceedings are here to stay,” Michelle Armond, a founding partner at Armond Wilson LLP in California, said, referring to the widely used inter partes review. “Maybe there will be some modifications, but IPRs are not going anywhere."
Doug Wilson was honored for his track record in Intellectual Property and Patent litigation in the Best Lawyers in America for 2021.
But there are also “some fairly significant increases [to IPR fees in October],” Doug Wilson, a founding partner at Armond Wilson LLP, said. An example is the “post-institution fee” for an inter partes review, which is going from $15,000 to $22,500.
Firm founding partners Michelle Armond and Douglas Wilson were internationally ranked in the 2020 IAM 1000 as top IP litigators.
The [Adidas] ruling relaxes what has been described as a rigid approach to standing, and takes a more “flexible and holistic” approach, said Michelle Armond, co-founder of the intellectual property litigation firm Armond Wilson LLP.
A Federal Circuit reversal [in the Zaxcom appeal] could have “a fairly significant impact” on patent validity trials, Doug Wilson, a patent attorney at Armond Wilson LLP, said.
“Issues surrounding institution [in IPR proceedings] may now prove to be more contentious, Michelle Armond, founding partner at Armond Wilson LLP, said.”
The board has been active through 2020 in issuing guidance “on scenarios that might impact whether they should conduct IPR trials,” Michelle Armond, co-founder of Armond Wilson LLP, said.
Law360 published Armond Wilson’s statistical analysis showing that filing optional briefs in IPR proceedings can fundamentally impact outcomes.
Partner Michelle Armond was recognized as a 2020 IP Star by Managing Intellectual Property.