Since September 16, 2012, when the procedure became available, challengers have filed 234 requests for inter partes review. In 82% of these filings, the petitioner was also a defendant in a co-pending litigation. Although the calculus of “doubling down” on a related proceeding will vary from case to case, it will often include consideration of whether the accused infringer can leverage the IPR into a stay of the civil litigation.
