Two avenues in which a third party can challenge the validity of an issued patent are inter parties review and post grant review.
Inter partes review is a trial proceeding conducted at the Patent Trial and Appeal Board (“PTAB”) to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.
Post grant review is a trial proceeding conducted at the PTAB to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3). Thus, post grant review can, in some cases, allow for more avenues for challenging a patent’s validity than an inter partes review.
Whether through challenging the validity of a patent, or representing patent owners whose patent’s validity has been challenged, we have strong history of winning post grant proceedings cases at the PTAB. With post-grant proceedings rising in prominence – whether as an alternative to litigation or as a central piece of a litigation strategy – winning a post-grant proceeding is now a critical step in winning a patent dispute.
We honed our skills for persuasively presenting the technical and legal issues that pervade post-grant proceedings through years of successfully procuring patents for our clients, handling ex parte reexaminations, and patent litigations.