We’ve written before about how patent owners can use to their advantage the mistakes that petitioners make in IPRs. As a petitioner, what can you do to avoid these pitfalls and put together the strongest petition possible? Most importantly, view your petition with a critical eye before you file it. The ability to supplement the case afterwards is highly limited, so anticipate any potential responses from the patent owner, and make your petition bullet-proof by following these strategies.
The statistics for patent owners in IPRs are daunting: Trials are instituted about 70% of the time and one or more claims are invalidated in about 85% of trials. Our Post-Grant Group has consistently beaten those odds and had great success in representing patent owners. We’ve done it by attacking petitions and exploiting the other side’s mistakes.
Topics: Patent Owners