By Forrest McClellen, Douglas Wilson and Michelle Armond (May 1, 2020, 5:16 PM EDT) -- Data from nearly a decade of inter partes review proceedings demonstrates that filing optional reply briefs can dramatically affect whether the Patent Trial and Appeal Board cancels patent claims.
Filing both a preliminary response to a petition and a surreply to a patent owner response is correlated with a 31% increase in patent owner success.
Filing a petitioner reply to a preliminary response is correlated with an advantage to petitioners: a 11-12% decrease in patent owner success.
In short, filing optional briefs in an IPR can have a significant impact on a party's chances of success.
IPR proceedings at the...
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