Few legislative developments have altered the strategy for patent enforcement and infringement defense proceedings as the Leahy-Smith America Invents Act (AIA). Post-issuance patent proceedings before the Patent Trial and Appeal Board, as well as reexaminations conducted by the United States Patent and Trademark Office, can be a highly effective and less costly alternative to litigation. These procedures are extremely useful in maintaining or increasing market share by providing a mechanism to challenge a competitor’s patent or to strengthen an already issued patent.
Maschoff Brennan’s post-issuance proceedings practice combines the technical knowledge and legal vision required to successfully represent clients in using the various post-issuance mechanisms to strengthen patents, for patent owners, or to challenge issued patents, for those accused of infringement or otherwise interested in clearing a pathway to market. Guided by our client’s goals, our team relies on decades of patent prosecution, patent appeals, reexamination, and federal court litigation experience to craft cost-effective and proven strategies to leverage favorable settlements, licensing terms, and freedom to operate. As needed, our post-issuance proceedings team is deftly skilled in coordinating with litigation counsel in concurrent or imminent infringement litigation.
Clients turn to us for:
Inter partes review
Post grant review
Ex parte reexaminations
Interference proceedings (for pre-AIA patents)
Derivation proceedings (for AIA patents)