1. PATENT INFRINGEMENT DEFENSE
&
INTER PARTES REVIEW
Presented by
Alex Fjelstad
Twin City Group
Minneapolis MN
Nothing in this presentation should be considered legal advice. Consult your legal advisor
All rights reserved

2. PATENT INFRINGEMENT PATHWAY
Patent Holder Demand by letter or lawsuit Accused Infringer
Settle Full Litigation PTAB
•Inter Partes Review
•Post Grant Review

3. PATENT TRIAL AND APPEAL BOARD
• Known as PTAB
• New Process Created by the American Invents
Act
• Post Grant Review (within 9 months of patent issue)
• Business Method Patents Review (within 9 months)
• Inter Partes Review

4. INTER PARTES REVIEW SUMMARY
Limited to Prior Art
• Previously issued patents
• Previously published material
Petition for IPR Sent To PTAB
• “More likely than not” standard
• Hearings & decision within 12 months
PTAB Decisions Available
• Extinguish entire patent
• Extinguish specific patent claims
• Validate patent and/or specific patent claims

5. LITIGATION COSTS-PER SIDE
• Full Litigation $2,000,000
• Inter Partes Review $300,000 to $500,000
• Post Grant Review Minimal
INSURANCE COSTS
• Full Litigation $40,000 +
$2,000,000 limit
• Inter Partes Review $7,000 to $10,000
$300,000 to $500,000 limit

6. IPR INSURANCE HIGHLIGHTS
• Limits up to $5 million available
• 2% of limit self insured retention applies
• 10% of limit co-payment applies
• Limit not used on IPR expenses can be used for
related litigation expense
• Litigation expense only-no damages coverage
• Reimbursement of eligible expenses

7. ABOUT ALEX
• Former CEO of a publicly-held insurance
company
• Former CEO of a technology company
• Technology patent holder
• Speaker at IP law firms, LES meetings and legal
continuing education forums
• Senior Vice President at Twin City Group a
Minneapolis based insurance brokerage firm
• Currently works with clients throughout the US
and Europe