Use IPR Decisions To Better Write And Prosecute Patents

Law360, New York (January 13, 2015, 10:25 AM EST) -- Developing and maintaining defensible patent portfolios necessitates viewing patent prosecution as an inter partes endeavor requiring full strategic awareness of competition, potential challengers, and the threat of inter partes review and post-grant review proceedings and district court litigation. While PGR proceedings are still relatively new, more than 2,500 petitions for inter partes review and covered business method proceedings have been filed since September 2012. To date, trial has been instituted in 1,120 (about 77 percent) proceedings and denied in 328 (about 23 percent). Final written decisions after completion of trial have issued in 214 proceedings resulting in cancellation of 82 percent of the claims for which trial was instituted overall....

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