Support at the PTAB
The America Invents Act of 2011 (AIA) created a number of administrative trials and proceedings in front of the Patent Trial and Appeal Board (PTAB), and it appears the challenges are not going anywhere in the near future. Since the United States Patent and Trademark Office (USPTO) implemented these AIA trials in September 2012, there have been over 7,700 petitions for Inter Partes Review (IPR). Based on work in dozens of IPR cases and years of experience in litigation support, prior art analysis, and expert witnessing, we have worked with patent owners and attorneys to streamline and reduce costs in these disputes.
These PTAB proceedings have added an additional dimension to both patent portfolio management and patent litigation tactics. Whether you are an attorney, operating company or a patent owner, our patent experts are ready to provide technical insight in the most challenging technologies.
TechPats has experience supporting all aspects of PTAB practices, including:
Preparing a Petition for IPR
- Finding the most relevant and useful prior art
- Drafting invalidity claim charts to readily identify strengths and weaknesses
- Developing invalidity arguments and obviousness rationale
- Coordination with qualified in-house subject matter experts
- Describing the requisite level of ordinary skill in the art
- Depicting the “state of the art” around the time of filing
- Interpreting claim elements and key terms at issue
- Development of expert reports, charts, and declarations (below)
Defending Your Patent Against an IPR
- Technical analysis of prior art and the claimed invention
- Identification of prior art gaps and assumptions
- Improper claim interpretations
- Coordination with qualified in-house experts
- Describing the requisite level of ordinary skill in the art
- Depicting the “state of the art” around the time of filing
- Examining changes in scope of invention with claim amendments
- Development of expert reports, charts, and declarations (below)
- TechPats evaluates each potential project on a case by case basis before offering support.
IPR Expert Declarations
Whether you are challenging or defending a patent, it is important to have the support of an unbiased, independent expert who can evaluate prior art and clearly articulate the state of the art at the time of invention.
Our experts and IP professionals have decades of industry experience in various technologies and are proficient in analyzing patents and prior art references. TechPats has a wealth of in-house expertise, as well as a broader network of academic and engineer consultants, to work with as declarants and testifying experts. We typically have a technology specialist, e.g., a person possessing ordinary skill at the time of alleged invention, willing to speak with counsel and evaluate if the case is an appropriate project to take on. Our experts’ efficient collaboration with litigation teams can minimize potential problems and maximize value of the time spent.
Impartiality
TechPats and our experts are known to be professional and unbiased in their conduct and opinions. Before offering to collaborate or perform work, TechPats evaluates each potential project on a case by case basis to determine appropriateness for the expert(s) on a variety of criteria. Our expert witnesses and PTAB support teams are compensated for their time working on the project(s), not the substance of their conclusions.