Post-Grant Proceedings

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Patent litigation today frequently requires parties to litigate the validity of disputed patents in administrative proceedings at the United States Patent and Trademark Office (USPTO). The America Invents Act created several post-grant proceedings, including Inter Partes Review (IPR), Post-Grant Review (PGR), and Covered Business Method (CBM) review, handled by the Patent Trial and Appeal Board (PTAB).

Patent challengers frequently use post-grant proceedings due to procedural and cost advantages over district court litigation, including:

No presumption of validity
Validity determined by technically trained Administrative Patent Judges rather than a jury
Historically higher rates of invalidity findings
Lower cost compared to district court litigation
Potential stay of parallel district court proceedings

Although PTAB procedures have evolved to make invalidation more challenging, parties require experienced counsel to navigate these proceedings effectively.

Dickinson Wright’s patent litigation lawyers have extensive experience in post-grant proceedings. Our team includes attorneys licensed before the PTAB with technical backgrounds in electrical engineering, computer science, mechanical engineering, physics, chemical engineering, and molecular biology. We combine this technical depth with strong litigation experience to develop effective strategies in complex validity disputes.

We also offer flexible and cost-effective fee structures designed to align with client objectives and maximize value.

Representative Matters for Patent Owners

Representation of patent owner in five microprocessor-related IPRs, defeating institution in two proceedings and obtaining final written decisions upholding key claims in the remaining matters, resulting in favorable settlement of related litigation.
Representation of patent owner in five IPRs and one CBM involving digital display control systems, defeating institution in multiple proceedings and prevailing on claim validity in others, leading to settlement of parallel litigation.
Representation of patent owner in IPR related to media content expansion technology, prevailing on more than 80% of challenged claims and achieving favorable settlement.
Representation of patent owner in ongoing IPR involving inflatable air mattress technology.
Representation of patent owner in four IPRs involving internet advertising patents, defeating institution on key claims and preserving rights in related district court litigation.
Representation of patent owner in eleven IPRs involving smart thermostat technology, achieving favorable validity rulings that led to resolution of related district court cases.

Representative Matters for Patent Challengers

Representation of petitioner in IPR involving DNA sequencing technology, resulting in institution on all challenged claims and favorable settlement.
Representation of petitioner in IPR involving soundproof engine covers, obtaining complete invalidation of all claims and Federal Circuit affirmance.
Representation of petitioner in IPRs involving interactive gaming systems, achieving institution and favorable global resolution of related disputes.
Representation of petitioner in IPR involving gaming cabinet technology, resulting in complete invalidation and Federal Circuit affirmance.

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