Our Practices

Patent Litigation

Patent Trial and Appeal Board Proceedings 

Petitioning the PTAB involves careful maneuvering. We develop successful PTAB strategies for both patent owners and challengers.

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Patent viability depends on PTAB outcomes

The Patent Trial and Appeal Board (PTAB) offers yet another venue to question the validity of U.S. patents through various post-grant procedures such as:

  • Inter partes reviews (IPRs)
  • Post grant reviews (PGRs)

Patent applicants looking to appeal a patent rejection or others looking to challenge a patent can do so by petitioning the PTAB. Petitioning the PTAB involves careful maneuvering. It is a daunting task for many businesses and the viability of a patent depends on the outcome of these proceedings.

 

A valuable partner for obtaining significant results

Our experience extends to both sides of the coin – we are regularly called on to defend and to attack patents in post-grant procedures. By being familiar with PTAB strategies employed by both patent owners and challengers, we can chart a course for our client that anticipates the opponents’ likely next move. Our success in these proceedings is noteworthy.

 

Cost-efficient and results-focused strategy

Getting to the core of the issue

In representing patent owners, we have a reputation for preventing the institution of post-grant proceedings. We also have experience in successfully defending patent owners all the way through trial and with surviving patent claims. Likewise, in representing challengers, our strategy is to employ post-grant procedures in conjunction with district court litigation to minimize costs for our clients.

Our strategy gets to the heart of the issues up front to help our clients avoid institution of post-grant proceedings. While each PTAB proceeding is different, Cole Schotz focuses on legal, factual, and technical nuances early in a proceeding to provide our clients with the best chance to win at the PTAB.

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