The Leahy-Smith America Invents Act (AIA), enacted in 2011, established new post-grant proceedings available on or after September 16, 2012, for challenging the validity of issued U.S. patents. Marshall, Gerstein & Borun can help you use these proceedings to challenge the validity of patents, resolve existing or threatened litigation, or defend your patents whose validity has been challenged.

These post-grant proceedings are administrative trials that take place before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO), and include the following:

PTAB trials have been popular with petitioners challenging patent validity, because they are generally simpler, faster, and less expensive in comparison to court litigation, and because most cases that proceed to final written decision result in cancellation of many or all challenged claims.

Representative Experience

Our firm has successfully represented clients before the PTAB (and its predecessor, the Board of Patent Appeals and Interferences), and used PTAB trials in connection with related court litigation, including the following:

  • Obtained stays of litigation by filing IPR and CBM petitions
  • Used IPRs and CBMs to settle litigation
  • Successfully defended patents in IPRs
  • Successfully represented parties in patent interferences, and in appeals of interference decisions to district courts and the U.S. Court of Appeals for the Federal Circuit