Five Techniques To Stop An IPR Before It Starts

It is likely that at some point virtually any company that hold patents will be served with an Inter partes review petition challenging the validity of one or more of them. The full proceeding consists of two phases: the preliminary phase and the trial phase, but the proceeding will not progress to the trial phase if the Patent Trial and Appeal Board decides to not “institute” the IPR trial. Thus the best strategy is to file a well-crafted patent owner response during the preliminary phase. This Today’s General Counsel article provides strategies to employ when filing that preliminary response.