Tip #2 for Avoiding IPR Institution: Focus on a few arguments that will affect all challenged claims
By EsqSocial Corporation 02/11/20
If you are a patent owner facing an inter partes review (“IPR”) or other post-grant review at the Patent Trial and Appeal Board (“PTAB”), your best chance of success is to convince the PTAB not to institute a trial. But that does not mean that you should pack all of your substantive arguments about patentability into your preliminary response. At the institution phase, less can be more. Instead of making every possible argument, patent owners should focus on a few arguments that will affect...
By: Mintz - Intellectual Property Viewpoints