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We’ve previously written that the best defense to an IPR challenge is avoiding IPR institution altogether. In addition to the other tips discussed in this series of posts, another strategy for avoiding institution is focusing the Patent Owner’s Preliminary Response (“POPR”) on areas where the Petitioner failed to adequately support its argument. In doing so, a Patent Owner should avoid making arguments concerning the facts or disputing the facts supported by a Petitioner’s expert....
By: Mintz - Intellectual Property Viewpoints