Post Grant Proceedings

Carlson Caspers is uniquely positioned to handle the complexities of post-grant proceedings before the United States Patent and Trademark Office (USPTO). These proceedings, which are often intricate and high-stakes, demand a combination of deep technical knowledge, litigation experience, and strategic foresight. Our team of USPTO-registered litigators is dedicated to navigating these challenges, providing exceptional representation in Inter Partes Reviews (IPRs), Post Grant Reviews (PGRs), patent interferences, and derivation proceedings. From initial review by the Patent Trial and Appeal Board (PTAB) to final resolution by the US Court of Appeals for the Federal Circuit, we deliver robust advocacy at every stage.

Since the passage of the America Invents Act (AIA) in 2012, post-grant proceedings have become a critical component of patent disputes. As one of the top litigation firms actively engaged in this evolving practice area, we have handled dozens of IPRs and related proceedings. This experience has made us a trusted advisor to clients seeking to either challenge the validity of a competitor’s patent or defend their own innovations.

Our attorneys are highly skilled in crafting strategies tailored to our clients’ specific needs. Whether initiating a post-grant proceeding to challenge a patent or defending against one, we leverage our comprehensive understanding of PTAB procedures and litigation principles to secure favorable outcomes. By integrating litigation expertise with technical acumen, particularly in the life sciences, technology, and engineering sectors, we proactively establish strong positions that often prevent costly and protracted disputes.

• Inter Partes Reviews (IPRs): IPRs have become the cornerstone of post-grant proceedings since their introduction under the AIA. Our team has extensive experience managing IPRs, from drafting petitions and responses to conducting oral arguments before the PTAB. We ensure that every aspect of an IPR is meticulously prepared, giving our clients the best possible advantage.
• Post Grant Reviews (PGRs): PGRs allow challenges to patents on broader grounds than IPRs and must be initiated within nine months of a patent’s issuance. Our attorneys are well-versed in handling PGRs, addressing issues such as novelty, enablement, and written description.
• Patent Interferences and Derivation Proceedings: In cases where priority of invention is disputed or allegations of improper derivation arise, we bring clarity and precision to these technically demanding proceedings. Our team’s ability to navigate these disputes ensures a strong defense of our clients’ rights or a compelling case for priority.

While we excel at litigating post-grant proceedings, we also help clients take preventative measures. By identifying vulnerabilities in competitors’ patents or strengthening our clients’ patent portfolios, we reduce the likelihood of challenges. We assist clients in developing comprehensive strategies to mitigate risks, protect their innovations, and maintain a competitive edge in the marketplace.

Our extensive experience in post-grant proceedings, combined with our technical expertise and litigation skill, allows us to deliver outstanding results. Whether advocating at the PTAB or on appeal, Carlson Caspers is committed to safeguarding our clients’ intellectual property and advancing their business goals.