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Post-Grant Proceedings

Post-issuance patent challenges will increase tremendously under the America Invents Act, and companies will need to engage experienced counsel to defend their intellectual property against post-issuance challenges. Hodgson Russ attorneys have the experience and technical knowledge needed to properly defend your intellectual property in a variety of technical fields.

We regularly advise clients on how to use post-issuance challenges as:

  • A less expensive alternative to litigation
  • A strategic advantage in conjunction with an ongoing litigation
  • A way to reinforce patent strength prior to enforcement

Hodgson Russ has extensive experience in handling post-issuance challenges at the U.S. Patent and Trademark Office. We can assist clients in the following post-issuance proceedings:

  • Inter partes reviews
  • Post-grant reviews
  • Ex parte reexaminations
  • Supplementary examinations

Our attorneys advise patent owners and third parties who wish to initiate post-issuance proceedings. We help clients develop strategies and options during post-issuance proceedings that address the big picture, not just the immediate need. We work in close collaboration with our patent litigation team to maximize options and work toward desirable business solutions for our clients.

In collaboration with intellectual property law firms outside the United States, we also assist clients with post-issuance proceedings in foreign countries, including European oppositions.

Successfully navigating a post-issuance proceeding requires a thorough understanding of the underlying technology. Our depth and breadth of technical knowledge makes Hodgson Russ an attractive firm for clients seeking guidance on post-issuance proceedings—whether the underlying technology is simple or complex. Hodgson Russ attorneys can provide advice and devise strategies in a broad range of technical areas including:

  • Chemical technologies
  • Computers and electronics
  • Mechanical and medical device technologies
  • Pharmaceuticals and life sciences