The Patent Trial and Appeal Board is where patent validity gets fought administratively, frequently faster and cheaper than a district court invalidity case. We file and defend inter partes reviews, post-grant reviews, and related proceedings, building petitions on the strongest prior art and the right expert testimony, or defending issued patents when they come under attack. Our engineering background helps us read the prior art and the claims the way the Board does, which is exactly where these cases are won and lost.
Inter Partes Review
IPR challenges claims based on prior art patents and printed publications. On the petitioner side, we identify the most compelling references, build petitions around the strongest unpatentability arguments, and support them with expert testimony the Board will credit. On defense, we oppose institution and develop the validity case that keeps the claims standing. Knowing how panels read these petitions shapes how we draft them and how we tear them apart.
Winning the Institution Decision
Many petitions never get instituted, so the institution decision is its own contest. As petitioner, we draft to clear the institution threshold with clear, well-supported invalidity grounds and an eye on discretionary denial. As patent owner, we use the preliminary response to give the Board real reasons to deny institution. Understanding what moves panels at this stage improves outcomes whichever side you're on.
Post-Grant and Legacy Proceedings
Post-grant review allows broader validity challenges, including subject-matter eligibility and written description, but only within nine months of issuance and only for patents with post-AIA effective filing dates. We assess whether PGR fits and move quickly when the window is open. We also handle legacy matters tied to the now-expired covered business method program, addressing proceedings and follow-on issues that still surface from that era.
Coordinating With Litigation and Appeal
PTAB proceedings rarely stand alone; they usually shadow district court litigation. We build coordinated strategies that use the PTAB to your advantage, pursue stays of the parallel case pending the Board's decision, and manage the estoppel that attaches once a final written decision issues. When a PTAB outcome goes the wrong way, we take the appeal to the Federal Circuit, and we defend favorable decisions when the other side appeals.