Inter partes reviews have a very high institution rate. And worse, once instituted IPRs result in invalidated claims at an inordinately high rate. The best defense against an IPR petition is to convince the Patent Trial and Appeal Board to deny institution. The Mintz IPR team has been very successful in achieving denials of institution for our clients, and we produced and shared a series of Tips for Avoiding IPR Institution. Those tips are listed below and are all linked to the full posts. (You may also be interested in reading our series on Surviving an Instituted IPR.)
Tip #1: Litigation Venue Selection
Tip #3: Use Disclaimers Strategically
Tip #4: Don’t Argue Facts
See the full series of Patent Owner Tips for Avoiding IPR Institution here on Mintz.com.
You may also want to read our series of Patent Owner Tips for Surviving Instituted IPRs.
We hope you find these strategies to be practical and helpful for navigating instituted IPRs. As always, the Mintz Intellectual Property team is happy to discuss further or assist in any of your IPR needs.