Fox Rothschild is skilled at using post-grant proceedings to protect our clients’ intellectual property rights. The firm has a strong track record of navigating the various post-grant proceedings to achieve our client’s interests, whether that means affirming or challenging a patent’s validity.

The United States Patent and Trademark Office (USPTO) offers several different proceedings, which can be brought on their own or in conjunction with a district court proceeding. Each approach brings its own advantages and considerations. The most common proceedings are:

• Inter partes review (IPR)
• Ex parte reexamination
• Post-grant review (PGR)

When compared to district court litigation, these post-grant proceedings are often less expensive, quicker and more likely to result in a claim being held invalid. Also, because invaliding an asserted patent can lead to the dismissal of a patent infringement suit, they can be used as part of a litigation defense when a client has been accused of infringement.