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“Strong PTAB, district court and ITC trial capabilities backed up by a number of experienced appellate advocates.”

Chambers USA 2018

Patent Trial and Appeal Board (PTAB) Practice

Latham PTAB lawyers have focused on PTAB proceedings since the Board’s inception, providing patent owners and petitioners innovative, market-leading approaches to PTAB proceedings and securing favorable outcomes at an exceptional rate.

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Pioneering Paths Through PTAB

We help petitioners and patent owners skillfully navigate the PTAB’s complex procedural rules for Inter Partes Review (IPR), Post Grant Review (PGR) and Covered Business Method (CBM) proceedings.

Because PTAB proceedings are more akin to litigation than patent prosecution, Latham has been exceptionally successful in representing patent owners and petitioners. Latham pioneered a litigation approach to these proceedings, leveraging strong writing, deposition oral advocacy skills, and litigation strategy honed through years of successfully trying patent cases.

Our seasoned PTAB team leverages the skills of experienced patent litigators, technical specialists, and dedicated PTAB paralegals. As a losing party will often appeal high-stakes PTAB decisions to the US Court of Appeals for the Federal Circuit, the firm’s PTAB lawyers draw on the complementary experience of a top-ranked appellate practice.

Delivering Comprehensive Litigation/PTAB Strategies

We offer both petitioners and patent owners effective and efficient PTAB representation based on early insights into the entire case strategy coupled with persuasive advocacy. PTAB proceedings often arise from parallel district court or International Trade Commission litigation or may also arise without litigation, particularly with so-called “blocking patents.”. Latham PTAB specialists are involved from the outset to craft and execute a closely coordinated strategy for a client’s success, whether that means clearing the way for market entry, or helping clients fortify their key patents against potential attack. Specifically, the Latham litigation and PTAB teams overlap, leveraging knowledge and strategy for prior art searches, claim constructions, invalidity contentions, expert witness selection, cross examination, and overall case presentation.

 
 
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