The cost of defending against a patent infringement suit can be significant and the outcome uncertain which is why many companies, large and small, choose to settle rather than challenge patent infringement claims—even when they believe they have done nothing wrong.
In light of the cost, complexity and uncertainty of patent infringement suits, Patent Trial and Appeal Board (PTAB) proceedings were introduced to challenge the validity of patents and have become a more cost-effective way to defend against claims of infringement. The America Invents Act (AIA) of 2011 required the USPTO to implement rules for post-grant proceedings and now several thousand of these proceedings, which allow interested parties to challenge the patentability of issued patents, have been filed before the PTAB.
St. Onge IP has successfully represented both patent holders and patent challengers in proceedings before the US Patent & Trademark Office (USPTO), including before PTAB. Our experience includes doing so in parallel with ongoing litigation in the federal courts and at the International Trade Commission (ITC).
PTAB proceedings can provide speedier and less costly alternatives to litigation, as well as the potential to stay the litigation which provides more options to consider in bringing or defending against such claims.
St. Onge IP is well-positioned to represent clients in all facets of these trial proceedings, including inter partes review (IPRs), post-grant review (PGR) and the transitional program for covered business method patents (CBM).
We know the USPTO, its rules and practices and we have a deep understanding of the PTAB process, which along with our substantial technical and industry experience allows us to efficiently evaluate a patent, the prosecution history and prior art, to achieve positive outcomes.
Our Team is experienced in the various avenues available for post grant review of patents before the PTAB, including the following:
- Ex Parte Reexamination
- Inter Partes Review
- Post Grant Review
- Covered Business Method Review