9 Common Pitfalls With Post-Grant Proceedings

Law360, New York (July 17, 2014, 9:49 AM EDT) -- You are, or have been, sued in district court for patent infringement. It is highly likely that you, or your counsel, are considering filing a petition for post-grant review (e.g., inter partes review (IPR) or covered business method (CBM) review). With a year and a half of post-grant review proceedings behind us, a number of strategies for avoiding post-grant proceeding pitfalls have emerged. For instance, while the Patent Trial and Appeal Board promulgated a series of extensive rules to govern post-grant practice, not all "rules" are published. Those unpublished "rules" have developed over more than a year of PTAB practice and aid in the efficient resolution of post-grant proceedings. Below, are some tips and strategies to guide and remind both new and experienced PTAB practitioners....

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