The post-grant proceedings practice at Fenwick is built with seasoned patent practitioners and litigators with deep experience in patent disputes at the U.S. Patent and Trademark Office (USPTO), U.S. federal courts and the International Trade Commission (ITC).
The practice covers all aspects of dealing with administrative patent disputes, including trials at the USPTO, post-grant reviews, inter partes reviews, ex parte reexaminations, derivation proceedings, covered business method reviews, and also covers cross-over patent litigation strategy. The practice members leverage their years of extensive experience in patent reexamination proceedings and parallel litigation to develop cost-effective, business-focused strategies for dealing with patent disputes under the new PTO rules mandated by the America Invents Act (AIA) and the evolving IP management landscape.
The cost of defending and enforcing patents has grown prohibitively high. To help manage these costs, 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. Under the umbrella of the newly created Patent Trial and Appeal Board (PTAB), core aspects of resolving validity disputes are now governed by newly designed post-grant opposition proceedings. The PTAB has been designed 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 strategically navigate these new waters, the Fenwick 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.