Law360, New York (August 15, 2014, 8:33 PM EDT) -- Most of the patents reviewed by the Patent Trial and Appeal Board to date have been invalidated, but a handful have survived what has become a harrowing process for patent owners.
Here, attorneys who have successfully defended patents before the board share their strategies for keeping patents alive:
Put Your Best Foot Forward in the Preliminary Response
Once an accused infringer or other challenger files a petition seeking to invalidate a patent, the patent owner has the option of filing a preliminary response before the board decides whether to institute a review. In just about every case, the patent owner should...
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