Patent Post-Issuance Proceedings

Few law firms surpass Fitch, Even, Tabin & Flannery’s capabilities to handle every type of post-issuance patent proceeding. We have an in-depth understanding of the substantive and procedural requirements unique to these proceedings, especially as an integrated part of representing clients in patent infringement disputes. For over 30 years Fitch Even lawyers have utilized various post-issuance mechanisms afforded by the U.S. Patent and Trademark Office (USPTO) for the benefit of patent owners, accused infringers, or interested third parties, as the case may be. Our long history in this practice area provides our lawyers with a unique ability and background to make use of these mechanisms in conjunction with patent litigation to the benefit of our clients. Fitch Even’s experience in this area is a key differentiator of our dispute resolution approach.

The coordinated use of reissue, reexamination, post-grant review, and inter partes review procedures gives Fitch Even lawyers a powerful tool at every stage of perfecting and defending against intellectual property rights, whether for correcting unforeseen defects in issued patents, refining the scope of existing claims, addressing newly discovered prior art, or challenging the validity of competitors’ patents without engaging in costly and time-consuming infringement litigation. We are equally adept at using these procedures in support of patent enforcement efforts and in defense of infringement claims. By broadening or narrowing the scope of patent claims through reissue practice or other post-issue procedures, we are able to provide clients with additional strategic options during patent enforcement litigation to maximize the opportunity for successful outcomes against opposing parties.

Clients also have sought our help to pursue reissue proceedings for patents that were acquired from third parties. We are often able to help obtain more-appropriate claim coverage and correct potentially fatal defects prior to, or even during, enforcement litigation and licensing campaigns. Our advocacy in the USPTO leverages the firm’s extensive patent litigation experience. Every strategic decision is made and each argument presented with an understanding of its potential impact in a contested litigation. In many cases, we have been able to broaden the scope of our clients’ patents and successfully enforce the resulting rights against competitors.

Reexamination, reissue, post-grant review, inter partes review, and derivation proceedings each have their own unique procedural rules, and Fitch Even attorneys are well-positioned to help our clients take full advantage at every stage of the process, however their needs require us to defend or challenge patent claims.

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