As i posted earlier from LAW 360 , Purcell should pursue following highlight to
answer successfully Micron petition.
"Nevertheless, the Patent Trial and Appeal Board doesn’t automatically institute IPRs, despite some suggesting otherwise. The PTAB must first decide whether to institute an IPR by reviewing the petition, and, if filed, the optional patent owner’s preliminary response (POPR). For the PTAB to institute, the petitioner must show a “reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition."
For any patent hit with a petition, avoiding an IPR remains the best-case scenario, particularly since the Federal Circuit cannot review the denial.Forward-looking claim and specification drafting, prosecution, re-examination and reissue practice may help better the patent owner’s odds. And filing a carefully crafted patent owner’s preliminary responsecan lead to denial or an institution on fewer grounds and/or claims than those presented.
