SOUTHFIELD, Mich. – In an article recently published by Law360, Brooks Kushman Shareholders Sangeeta G. Shah and Michael D. Turner discuss the increasing need for proactive prosecution strategies as a result of the recent Idle Free decision.
In the article “Ways to Minimize the Risk of Post-Grant Challenges,” Shah and Turner review the recent precedent-setting decision of the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office defining the proofs required for a patent owner to amend patent claims in an inter partes review.
According to the article, “… the changing landscape has given rise to a complex chess game in which a myriad of new and at times competing strategies are at play. Consideration and careful evaluation of the pros and cons of each potential strategy is advisable so that a patent owner can both strengthen and insulate their portfolio to survive a post-grant challenge.”
For information on the required proofs resulting from the decision, please read the full article at “Ways to Minimize the Risk of Post-Grant Challenges.”