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Expert Analysis

Recalibrating Your Use Of PTAB In Defense Litigation Strategy

By Mike Hendershot, Dave Cochran and Matt Johnson (January 2, 2019, 1:37 PM EST) -- Since the America Invents Act's enactment, companies have weighed the upsides and downsides of challenging patents at the Patent Trial and Appeal Board and developed general strategies on how and when to do so. For many, this calculus resulted in a preference to pursue challenges (and attendant litigation stays) as early as possible on all of a patent's claims. While this often proved successful, recent changes in PTAB practice have altered key considerations underlying such prior strategies. The collective effect of these changes is significant and warrants recalibrating the use of PTAB proceedings within a broader defense strategy. ...

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