Patent Office Post-Grant Proceedings

Litigating inter partes review cases

The America Invents Act (AIA), which went into effect in September 2012, created new procedures before the Patent Trial and Appeals Board for challenging the validity of patents.


These new adversarial proceedings are essentially a hybrid of traditional patent litigation in federal district court, with opportunities for discovery, expert reports and settlement, and the Patent Office’s prior patent reexamination procedures. With our extensive patent litigation experience, along with our prior Patent Office reexamination and prosecution experience, our team is uniquely qualified to represent clients in these new proceedings. We have experience litigating inter partes review cases for both patent owners and companies threatened by questionable patents, especially in conjunction with ongoing or threatened district court litigation. As we have in our traditional patent litigation practice, we offer contingent and alternative fee arrangements when representing clients in the new AIA proceedings to provide cost effective and results-based pricing for our services.

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