Patent Trial and Appeal Board
With the passage of the America Invents Act (“AIA”) in 2011 the landscape of patent disputes was forever changed. The AIA established new procedures at the Patent Trial and Appeal Board (“PTAB”) for challenging the validity of patents, including Inter Partes Review (“IPR”) and Covered Business Method Post Grant Review (“PGR”). Accused infringers have made good use of the AIA, filing thousands of petitions before the PTAB to invalidate patents. The PTAB is widely believed to be a more favorable forum for attacking patents than the district courts, in part because experienced PTAB judges are seen as more likely to invalidate patents than a jury of ordinary citizens. This belief has been borne out by the statistics, with the PTAB invalidating at least some claims of a challenged patent in about 80% of instituted cases and invalidating all challenged claims in 63% of instituted cases.
FisherBroyles is ideally situated to represent both patent owners and accused infringers in proceedings before the PTAB. These proceedings have many of the characteristics of district court litigation, including depositions of witnesses and oral arguments before a three-judge panel. At the same time, the proceedings are somewhat like traditional Patent Office proceedings, which can involve amending claims and distinguishing claims from the prior art. FisherBroyles has more than 80 litigators, many with deep experience challenging patents in courts across the U.S., and also has a team of 68 registered Patent Office practitioners who routinely prosecute complex applications. Many of our litigators and Patent Office practitioners have degrees in technical subjects, including electrical engineering, mechanical engineering, computer science, chemical engineering, and biotechnology. We, therefore, can marshal a team for any PTAB proceeding that combines the necessary litigation, Patent Office, and technical skills to provide our clients with the best possible representation in these important proceedings.