Inter Partes Review and PTAB

The America Invents Act of 2011 (AIA) created a number of administrative trials and proceedings in front of the Patent Trial and Appeal Board (PTAB), and it appears the challenges are not going anywhere in the near future. Since the United States Patent and Trademark Office (USPTO) implemented these AIA trials in September 2012, there have been over 4,000 petitions for Inter Partes Review (IPR). Based on work in dozens of IPR cases and years of experience in litigation support, prior art analysis, and expert witnessing, we have worked with patent owners and attorneys to streamline and reduce costs in these disputes. The patent experts at TechPats can support:

Drafting a Petition for IPR

  • Finding the most relevant and useful art
  • Drafting invalidity claim charts to readily identify strengths and weaknesses
  • Developing invalidity arguments and obviousness rationale
  • Coordination with in-house qualified experts
  • Determining the level of ordinary skill the art
  • Depicting the “state of the art” and interpreting claim elements
  • Development of expert reports, charts and declarations

Defending Your Patent Against an IPR

  • Initial technical analysis of prior art and differentiation of the claimed invention
  • Identification of improper claim interpretations and prior art assumptions
  • Coordination with in-house qualified experts
  • Depicting the “state of the art” and interpreting claim elements
  • Developing independent validity arguments
  • Development of expert reports, charts and declarations

Identifying the Right Expert

Whether you are challenging or defending a patent, it is important to have the support of an expert who can evaluate prior art and clearly articulate the state of the art at the time of invention. Our IP professionals have decades of industry experience in various technologies and are proficient in analyzing patents and prior art references. TechPats has a wealth of in-house expertise, as well as a broader network of academic and engineer consultants, to work with as declarants and testifying experts. Our efficient collaboration with counsel can minimize potential problems and maximize value.
These PTAB proceedings have added an additional dimension to both patent portfolio management and patent litigation tactics. Whether you are an attorney, operating company or a patent owner, our patent experts are eager to provide technical insight in the most challenging technologies. The rough seas of IP litigation can be navigated with a true IP partner like TechPats. TechPats’ experts and analysts have a level of experience and knowledge of the industry that is unmatched in offering both the technological expertise and the patent savviness necessary for optimal outcomes.

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