The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation
JD Supra Law
MARCH 4, 2025
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many practitioners would hypothesize that a patent with a longer prosecution history will be less likely to have an inherent validity problem.
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