Avoid Redundancy In Post-Grant Proceedings

Law360, New York (February 5, 2014, 11:09 AM EST) -- Choosing can be difficult, whether it is ice cream toppings or arguments to present before the U.S. Patent and Trademark Office. Recent Patent Trial and Appeal Board orders make clear, however, that parties seeking to invalidate a patent in post-grant proceedings must choose their arguments carefully. The board has instituted over 100 petitions for inter partes review or covered business method review on only selected grounds, rejecting alternative arguments made by petitioners as “redundant.”

In determining whether to institute a post-grant review, the board, at its...
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