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General Counsel and In House Counsel Intellectual Property Litigation Patent Litigation

Salvaging a Patent After a Post-Grant Proceeding

When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.

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When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy. Statistics and analysis show that the PTAB, which is part of the U.S. Patent and Trademark Office (PTO), has canceled a large majority of the patent claims that it has reviewed in the more than 1,000 post-grant proceedings that have been completed since the PTAB’s inception in 2012. But there may be steps that a patent owner can take to salvage something from its patent, in the event that the claims challenged in the post-grant proceeding are canceled.

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