More than 2,500 petitions for inter partes review have been filed since the implementation of the America Invents Act in September 2012. However, with an 82 percent cancellation rate of claims for which trial has been instituted, favorable outcomes for patent owners have been rare. In this article, Eric Steffe and Jason Eisenberg discuss several best practices for prosecutors in order to better withstand proceedings such as inter partes and covered business method review.

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