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Patent Office Validity Challenges

Irwin IP’s intellectual property litigators are experienced and well-versed in pursuing and defending against patent validity challenges before the Patent Trial and Appeal Board (“PTAB”) such as Post-Grant Reviews (commonly known as “PGRs”), Covered Business Method Reviews (commonly known as “CBMs”), and Inter Partes Review (commonly known as “IPRs”).  PGRs, CBMs and IPRs were introduced as part of the 2011 America Invents Act, and are collectively referred to as “AIA trials.” They represent a relatively recent, but oft-used, development in the field of intellectual property law, and provide an expedited and economical means to challenge the validity of a patent through review by the PTAB.  In addition, Irwin IP is well-versed in the Patent and Trademark Office’s reexamination procedure, which represents another cost-effective pathway for challenging a patent before the Patent Office

Due to their relative speed and cost-effectiveness, PTAB patent validity challenges constitute one of the mainstays of Irwin IP’s portfolio of client services, and Irwin IP has a proven track record of successful practice before the PTAB.  For example, the PTAB instituted IPR proceedings based upon a petition prepared by Irwin IP attorneys against a patent that was not only touted by its Fortune 50 owner to be the foundation of a billion-dollar-per-year business, but also had survived invalidity challenges in two prior litigations and an IPR action.  Despite this substantial body of adverse history, the PTAB instituted IPR upon Irwin IP’s client’s petition, determining that there was at least a “reasonable likelihood that [Irwin IP’s client] would prevail.”- More recently, Irwin IP obtained institution of multiple IPRs and PGRs on against numerous design patents owned by Irwin IP’s client’s Fortune 20 opponent, as well as numerous granted requests for reexamination of other design patents in the opponent’s portfolio.

Irwin IP litigators’ knowledge of PTAB proceedings, as well as substantive patent law, allow them to design sound and successful strategies for clients’ intellectual property challenges using all of the tools in the intellectual property litigator’s toolbox, including proceedings challenging or defending patents before the PTAB.