Senniger Powers’ PTAB proceedings practice is headed by experienced patent attorneys, who have established reputations in IP litigation. Our attorneys have extensive experience representing clients in contested cases before the U.S. Patent and Trademark Office.
The Leahy-Smith America Invents Act (“AIA”) significantly changed the United States patent laws. Two important changes were the introduction of post-grant review procedures and the creation of the Patent Trial and Appeal Board (“PTAB”) to administer these proceedings. There are three different types of post-grant review proceedings: (1) Inter Partes Review (“IPR”), (2) Post-Grant Review (“PGR”) and (3) Covered Business Method Review (“CBM”). The patentability issues raised in these proceedings are adjudicated by a panel of three Administrative Patent Judges at the PTAB.
As compared to litigation, these proceedings provide a relatively inexpensive and efficient way for a party to challenge the patentability of an issued patent. There are three primary reasons why these proceedings have proven to be very effective tools. First, it is easier to prove unpatentability before the PTAB. The statutory presumption of validity does not apply in these proceedings. Therefore, unpatentability need only be demonstrated by a preponderance of the evidence. Second, unlike in litigation, the PTAB gives the claims their broadest reasonable interpretation in light of the specification. Finally, the proceeding is much quicker than litigation or reexamination. Under the AIA, the PTAB is required by statute to complete the proceeding and issue a final decision within 18 months of a petition being filed or, more specifically, within one year after the date on which the PTAB institutes review.
Senniger Powers has effectively incorporated these PTAB proceedings into its arsenal of legal tools that we use to achieve our clients’ goals. Senniger Powers has successfully represented both patent owners and petitioners in proceedings before the PTAB. Please let us know if you have any questions about IPR, PGR, or CBM proceedings or Senniger Powers' PTAB proceedings practice.
PTAB Proceedings Practice