Intellectual Property

PTAB Trials

By combining the strengths of leading practices in USPTO post-grant proceedings with our long history of handling ex parte and inter partes reexaminations, patent litigation, and prosecution with deep technical breadth, our PTAB Trials attorneys can help you navigate PTAB trial proceedings, including those involving parallel litigation in district court.

PTAB Trials Hero Image.

Foley’s PTAB Trials attorneys have:

  • Handled more than 240 post-grant proceedings since the implementation of Leahy-Smith America Invents Act (AIA) in 2012, including the precedent-setting Idle Free IPR and one of the earliest AIA post-grant proceedings to be decided by the Federal Circuit
  • Represented clients in high-stakes cases, including the landmark Oil States Energy Services, LLC v. Greene’s Energy Group where the Foley team prevailed on behalf of the client Greene’s Energy at the Supreme Court of the United States
  • Prevailed on more than 90 percent of inter partes review (IPR) cases for petitioners that have been instituted and have received a final determination
  • Achieved rare wins for patent owners, including successful defense of the first IPRs involving Orange Book-listed pharmaceutical patents
  • Deep knowledge of underlying technologies across tech centers — ranging from vehicle air conditioning systems, computer systems, and specialized chemicals to biologics, DNA sequencing and pharmaceutical products

In addition, they:

  • Offer seamless collaboration between experienced patent attorneys and patent litigators
  • Offer clients a high degree of flexibility and efficiency for USPTO post-grant proceedings where IPR/CBM/PGR is the only proceeding or where there is parallel litigation;
  • Provide practical knowledge on the ins and outs of USPTO post-grant proceedings to enable clients to avoid costly mistakes