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Intellectual Property Practice

Patent Office Post-Grant Review Proceedings

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Overview

Seasoned patent practitioners and litigators comprise our post-grant proceedings practice at Caldwell. Our team has great experience in patent disputes at the U.S. Patent and Trademark Office (USPTO), U.S. federal courts, and the International Trade Commission (ITC). We leverage years of practice in patent reexamination proceedings and parallel litigation to develop calculated and cost-effective business strategies to deal with patent disputes under the guidelines new PTO rules mandated by the America Invents Act (AIA) and the evolving IP management field.

We handle all administrative patent disputes, including trials at the USPTO, post-grant reviews, inter partes reviews, ex parte reexaminations, derivation proceedings, covered business method reviews, and covers cross-over patent litigation strategy.

Congress introduced the AIA with new laws designed to streamline awards of patents, raise the quality of examination processes and cost effectively resolve disputes over validity to help mitigate cost of defending and enforcing patents. Core aspects of resolving validity disputes are now governed by newly designed post-grant opposition proceedings under the umbrella of the newly created Patent Trial and Appeal Board (PTAB). The PTAB is intended to leverage the USPTO’s regulatory and technical expertise in patent reexamination by expanding its scope to include other validity disputes in quasi-litigation contexts. This will potentially allow parties to resolve validity disputes without introducing the high costs and complicated proceedings of in-court litigation to the opposition process.

To help clients efficiently navigate these new waters, the Caldwell post-grant proceedings practice leverages its extensive experience in collaboratively representing third-party challengers and patent holders in ex parte and inter partes patent reexamination proceedings that cross over with parallel litigation. The group includes practitioners who regularly represent and advise companies from startups up to large enterprises in cross-over disputes, providing an understanding of the unique challenges businesses experiences throughout different stages of development. We use business focused, cost effective strategies for navigating patent disputes.