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In our last article, we reviewed how defendants in patent litigation are using post-grant proceedings before the Patent Trial and Appeal Board (PTAB), including inter partes review (IPR), to defend against infringement claims, and in many cases, invalidate patent claims, disrupt litigation and delay enforcement. In this article, we present several strategies for developing patent portfolios that are more likely to withstand scrutiny by the PTAB before or during enforcement. These strategies are predicated on the notion that any patent worth enforcing will have to withstand review by the PTAB at the request of a highly motivated petitioner. In many cases, these strategies can be implemented quickly and inexpensively by simply re-orienting existing resources.

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