Patents Post Grant (PPG) Law Blog

November 9, 2009 – Firm News

As counsel to some of the most well known technology innovators in the world, Oblon Spivak’s Post Grant Patent Proceedings Practice Group is the recognized leader in post grant patent practice before the USPTO.

The Post Grant Patent practice group has successfully defended in reexamination, and reissued, substantial patent portfolios valued in the hundreds of millions of dollars. Likewise, countless patents of questionable validity, which were clouding the competitive landscape or asserted against clients of the firm, have been reexamined at the behest of the Post Grant Patent group.

Post grant patent proceedings at the USPTO, such as ex parte and inter partes reexamination are becoming increasingly favored tools to combat patents of questionable validity. Likewise, some of these same reexamination tools can also serve as mechanisms to defend and/or focus the scope of pioneering patent portfolios. Together with patent reissue, the use of these multi-purpose proceedings continues to increase, especially concurrent with patent litigation.

Looking forward, recent legislation has been proposed to establish a post-grant opposition proceeding before Administrative Patent Judges of the new USPTO Patent Trials and Appeals Board. This proceeding is proposed to embrace validity issues not currently subject to reexamination review, and to provide limited discovery opportunities. Due to the wide support for this proceeding, it is anticipated that post-grant opposition will become law to replace and/or augment reexamination options in the future.

With a trained eye on this expanding landscape, is dedicated to providing helpful insight and commentary to the complex array of existing and proposed post grant options. Whether patent reexamination, reissue or proposed opposition systems, this resource will provide informed commentary, observed trends, practice tips as well as news for the purpose of sharing our experienced views with our readers.

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Assisting clients for 40 years, Oblon, Spivak, McClelland, Maier & Neustadt, P.C. is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts, as well as trademark, copyright and patent interference services