As I have written previously, litigating the validity of a patent at the Patent Trial and Appeal Board (PTAB) is very different than litigating validity in district court. The audience is different, the rules are different, and the presentation of your case is different. If you try to apply the district court rulebook at the PTAB, you are setting yourself up for a rough ride in what is already a very challenging forum. By and large, tactics and strategies for litigating validity in district court do not apply in the PTAB, and in some instances, can get you into trouble. If your patent has been challenged by an IPR petition, you need counsel with IPR expertise to defend that patent.

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