On the Attack

Olga A. Partington, Ph.D. and Paul A. Calvo, Ph.D. coauthored the article “On the Attack”, which discusses the similarities and differences between U.S. post-grant cancellation proceedings and European oppositions. The relatively new cancellation proceedings in the US (PGR and IPR) rival the European opposition system in successfully challenging issue patents. However, these two cancellation proceedings differ in terms of the procedure, allowable discovery, ability to make amendments, and the effects on litigation. A patent challenger should operate under a distinct protocol for each case, as Olga and Paul outline.

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