Effective And Highly-Regarded Advocacy In Complex PTO Proceedings

Klarquist has one of the best post-grant practices in the country, and we are experienced in both challenging and defending patents in post-grant proceedings. Recently, Klarquist was ranked among the top five firms nationwide for representing petitioners and patent owners in inter partes review disputes according to a recent case study by Patexia, an online patent research firm.

Unlike firms that focus only on patent prosecution or only on litigation, Klarquist has extensive experience in both technically complex patent prosecution and high-stakes patent litigation. Our Post-Grant Group capitalizes on this expertise, combining strategic insight and knowledge of the latest trends in patent law with a thorough understanding of technical issues and Patent Office practice to develop winning post-grant strategies.

We Understand The Big Picture And Know How To Measure Success

Post-grant proceedings are riddled with traps for the unwary. Poorly-planned actions may result in short term wins, but have larger negative consequences. For example, if the arguments made during an inter partes review proceeding render claims unenforceable against a competitor, the fact that the claims “survived” the proceeding may be of little consequence to the patent owner.

Our Post-Grant Group helps clients understand the strategic implications of post-grant proceedings. On the petitioner side, a successful challenge to a patent may promote settlement, narrow the scope of claims, create intervening rights, or eliminate the claims completely. In some cases, post-grant proceedings may avoid the high expense of litigation if the court is willing to stay the case pending the Patent Office’s review. For the patent owner, a successful defense may strengthen the patent and prevent the challenger from presenting certain arguments for invalidity in the future.

Whether representing patent challengers or patent owners, Klarquist’s attorneys carefully consider the client’s short-term and long-term goals and strategically implement post-grant strategies towards achieving those objectives.

Our Experience Counts, Our Knowledge Delivers

Klarquist has been representing clients in AIA Trials from the beginning. Literally. Klarquist filed its first inter partes review on September 18, 2012 (just two days after these proceedings were made available) and has filed numerous petitions since. Our experience in these proceedings, coupled with our deep understanding of technology, provides our clients with a definite advantage.

We don’t rest on our successes. Our attorneys stay abreast of new developments by actively monitoring PTAB and related Federal Circuit decisions in non-Klarquist proceedings to improve our performance. We also support a PTAB Blog that discusses recent PTAB developments and regularly update our “Patent Defenses” research tool with important Federal Circuit decisions that impact our PTAB practice.

In addition to AIA Trials (e.g., IPRs, CBMs, PGRs), our attorneys can help with other post-grant proceeding offered by the PTO, including reexaminations (ex parte, supplemental), reissues, interferences, and derivation proceedings.

For more information about Klarquist’s Post-Grant Services, please contact one of the attorneys identified above under Contacts or explore the biographies of the Team Members in this practice group.

Representative Cases
Klarquist has helped clients achieve great successes in the courtroom, ranging from large plaintiff jury verdicts to defense summary judgments.