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Alec Schibanoff

is Vice President of IPOfferings LLC, a leading patent broker and IP consulting services firm. IPOfferings represents both sellers and buyers of patents and other IP, provides patent valuation and IP consulting services, publishes a monthly e-letter, IP Marketplace, and publishes the Patent Value Quotient, an annual report on patent selling prices. Alec can be reached at

Recent Articles by Alec Schibanoff

Open Prosecution as a Strategy to Counter IPRs Filed by Defendants

One of the most valuable benefits of Open Prosecution is when a patentee is forced to enforce a patent. If the patentee filed for a Continuation, it could file for an additional patent with new Claims but the same Priority Date as the original patent, and add it to the lawsuit. And, of course, before that second patent is issued, the patentee files for yet another Continuation. The plaintiff in a patent infringement lawsuit can use an Open Prosecution model to continue to introduce new patents as a counter-strategy to the IPRs filed by the defendant. More than a few patent infringement lawsuits ended in favorable settlements once the defendant realized it had a formidable opponents with additional patents up its prosecution sleeve.