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Various stakeholders had questioned whether parties would be willing to use the new proceedings available before the Patent Trial and Appeal Board to challenge patentability of issued patents. The answer seems to be “yes.” Since Sept. 16, 2012, more than 100 petitions for inter partes review (IPR) proceedings and covered business method review (CBM) proceedings have been filed, averaging approximately one filing per day. More than half of the petitions have been filed by petitioners who filed multiple petitions, and many patent owners involved in IPRs or CBMs face challenges to multiple patents. These filings present the board with a substantial and varied docket. While the U.S. Patent and Trademark Office (PTO) regulations address many scenarios that can arise in adjudicating IPRs and CBMs—as well as future post-grant review proceedings—there is no substitute for directly reviewing pleadings, decisions and orders in ongoing cases to understand in detail how the board handles the issues it faces. Below are some lessons that have emerged from the board’s decisions issued to date:

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