Our deep experience with post-grant patent proceedings, IP litigation and patent prosecution means that we are well prepared to advise clients on the smartest, most cost-effective ways to challenge or defend issued patents.
Our attorneys understand how to strategically implement inter partes reviews (IPRs), covered business method reviews (CBMs), post-grant reviews and ex parte reexaminations to further our clients' objectives. For petitioners, these procedures can provide a faster, more cost-effective means to adjudicate the validity of a patent and obtain freedom to operate. For patent owners, an effective strategy and thorough understanding of the procedures are important to preserve claims and claim breadth. We have found that post-grant proceedings can provide strategic tools to limit and define issues before or during patent litigation, or promote settlement.
Following the 2012 passage of the America Invents Act, WilmerHale was among the first law firms to file 100 IPRs, emerging as a leader in post-grant proceedings and advising clients on the interplay between US Patent and Trademark Office proceedings and concurrent litigation. Since filing our 100th IPR, we have successfully taken numerous IPRs and CBMs through hearing and final decision, representing both petitioners and patent owners.
WilmerHale's patent prosecution and litigation experience enables us to navigate complex procedural, substantive and strategic issues posed by post-grant proceedings and deliver favorable results.