Patent Office Litigation

With the reforms enacted by Congress in the America Invents Act (AIA) of 2011, litigating patent disputes undertook the most significant restructuring in more than 60 years.  IP litigation practices now, more than ever before, have to be particularly adept at coordinating Patent Trial and Appeal Board (PTAB) proceedings with their strategy in parallel District Court proceedings to provide clients with key advice regarding the timing of a Patent Office filing, what arguments to raise with the PTAB or reserve for trial, and how to anticipate and handle potential estoppel implications that may flow from filing a PTAB petition.

Farella helps petitioners and patent owners understand and navigate the intricate web of rules and guidelines that govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) proceedings.  Our Patent Office litigators hold engineering and other technical degrees, are Patent Bar registered, and have years of experience litigating patent disputes.  And because these new patent office procedures are much more similar to patent litigation – not patent prosecution – our deep patent litigation experience comes into play in every Patent Office proceeding.  We take a litigator’s approach in the Patent Office focused on strategy, persuasion, and winning.

Patent Office litigation is fast paced and subject to strict statutory guidelines, so it is critical to have a team of lawyers who can combine litigation skills with a deep understanding and ability to use the rules to your advantage.  Given the fast pace of Patent Office proceedings, it is critical to have a team well-versed in the procedures and prepared to leverage the rules to your advantage.  For anyone unfamiliar with the basic schedule that applies in these types of proceedings, the following shows the schedule for an IPR.