Law360, New York (April 13, 2016, 1:38 PM EDT) -- When their patent is under fire at the Patent Trial and Appeal Board, patent owners that take a pass on filing a preliminary response or start attacking the merits of the petition too early aren't necessarily helping their chances of keeping their patent alive.
While accused infringers still have a good shot at getting a petition for an inter partes review instituted and patent claims invalidated at the PTAB, the percentage of instituted IPRs has been largely declining over the years.
The board granted 86 percent of IPR petitions per patent in fiscal year 2013, 74 percent in fiscal year 2014,...
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