Challenging and Defending Patents at the PTAB
The Patent Trial and Appeal Board provides administrative proceedings for challenging patent validity. Our PTAB practice files and defends inter partes reviews, post-grant reviews, and other PTAB proceedings.
Inter Partes Review
IPR challenges patent claims based on prior art patents and printed publications. We develop petitions presenting the strongest invalidity arguments, identify compelling prior art, and present expert testimony supporting unpatentability. We also defend patents against IPR challenges, opposing institution and presenting validity arguments.
Institution Strategy
Not all petitions are instituted. We develop petitions that meet institution standards, presenting clear and compelling invalidity arguments. When defending, we file preliminary responses arguing against institution. Understanding institution dynamics improves outcomes in both roles.
Post-Grant Review
PGR allows broader validity challenges but must be filed within nine months of issuance. We evaluate PGR opportunities and timing constraints. PGR is available only for patents with post-AIA effective filing dates.
Covered Business Method Review
CBM review addressed business method patents under a now-expired program. We handled numerous CBM proceedings and continue to address legacy matters.
Coordination with Litigation
PTAB proceedings often accompany district court litigation. We develop coordinated strategies leveraging PTAB proceedings for overall advantage. We pursue stays of district court cases pending PTAB resolution and manage estoppel effects.
Appeals
PTAB decisions are appealable to the Federal Circuit. We handle appeals from adverse PTAB decisions and defend favorable outcomes on appeal.