Patent owners and third parties have several procedures available through Post-Grant Proceedings at the United States Patent & Trademark Office (USPTO), to correct or challenge a patent that has been granted. These proceedings have become an important part of litigation strategy since the enactment of the America Invents Act (AIA) in 2012. The AIA was established to create a more efficient system for reviewing and challenging the patentability of issued patents. These proceedings can be a cost-effective and time-saving alternative to litigating patent validity in federal or district courts.
Workman Nydegger attorneys have robust experience with both patent prosecution and litigation making them very adept in defending your patents in these types of proceedings. They understand the complexities of post-grant challenges and use their breadth of knowledge to help secure your competitive advantage in the marketplace.
In concert with defense of a software client in a patent infringement case, we filed a petition for inter partes review with the Patent Trial and Appeal Board (PTAB) at the USPTO. This petition challenged the patentability of the subject patent.
Three weeks after the filing, the patentee requested adverse judgement, resulting in cancellation of each of the challenged claims. Shortly thereafter, the patentee stipulated to a dismissal of its claims in the litigation.