Source: Deeplinks
The decline in inter partes review petitions reflects a shift in litigation calculus. Recent Supreme Court decisions and procedural changes have made challenges riskier and costlier, prompting companies and individuals to abandon what was once a cost-effective mechanism for invalidating weak patents. Patent holders now face fewer defensive challenges, particularly in software and biotech—sectors where smaller competitors historically used IPR to compete against well-funded incumbents. The burden of defending a patent has shifted toward the challenger.