Challenge Patents Before They Reach Court
Post-grant proceedings provide faster and less expensive alternatives to district court litigation for challenging or strengthening patents. PTAB proceedings resolve in 12-18 months versus years in federal court, with limited discovery and lower costs.
These proceedings serve strategic objectives beyond validity challenges. Patent owners use them to amend claims and strengthen portfolios, while challengers use them to invalidate competitor patents, clear the competitive landscape, and defend against infringement suits.
Thomas Horstemeyer attorneys win intellectual property cases against the country’s largest law firms. We represent companies in high-stakes disputes in federal courts and tribunals nationwide. Federal courts recognize our expertise. Attorney and Managing Partner Andrew Crain was appointed as Special Master in patent infringement litigation in the Northern District of Georgia.
Challenge or Defend Patents After Issuance
The America Invents Act of 2011 made the Patent Trial and Appeal Board a critical battleground for patent disputes, and the stakes have only increased since. Whether you’re defending your portfolio or dismantling a competitor’s, success requires technical depth and strategic clarity. Thomas Horstemeyer delivers both, consistently.
Post-Grant Proceeding Types
Challenging Patent Validity
- Inter Partes Review (IPR): We challenge patent validity based on prior art patents and publications. IPR is the most common post-grant proceeding, offering a faster, more cost-effective alternative to district court litigation for clearing competitor patents or defending against infringement suits.
- Post-Grant Review (PGR): Challenge validity on broader grounds, including patent eligibility and written description requirements, within nine months of patent issuance. Use PGR to neutralize patents early, before they gain significant market traction.
Strengthening Your Patents
- Reissue Proceedings: Correct errors in issued patents and strategically amend claims to strengthen patent scope or address validity concerns raised by competitors.
- Ex Parte Reexaminations: Proactively address validity questions before litigation arises, strengthening your position for future enforcement or licensing negotiations.
Specialized Proceedings
- Derivation Proceedings: These rare proceedings determine true inventorship when multiple parties have filed similar patent applications.
- Interferences: These legacy proceedings under pre-AIA law determined priority between overlapping patent applications filed under the old “first to invent” system.
Unsure which post-grant proceeding approach fits your case? Our attorneys will help you identify the most effective path forward for your specific situation.
When Post-Grant Proceedings Make Sense
For patent challengers facing infringement suits or seeking to clear the competitive landscape, post-grant proceedings offer faster, less expensive alternatives to district court litigation, creating strategic leverage in settlement negotiations while addressing validity concerns that strengthen your position.
For patent owners who want to proactively strengthen their patents before enforcement, post-grant proceedings let you amend claims to address validity concerns, respond to challenges while maintaining patent rights, and establish stronger enforceability before entering the district court.
Coordinated strategy often runs post-grant proceedings alongside district court litigation, creating pressure points for settlement while resolving validity questions efficiently.
Comprehensive Post-Grant Experience
We represent both patent owners and challengers across all post-grant proceeding types, including Intellectual Property Rights, Post-grant Review, derivation proceedings, ex parte reexaminations, interferences, and reissue. Our experience extends to Federal Circuit appeals and the remand procedures we helped establish.
We coordinate post-grant strategy with concurrent litigation, ensuring proceedings advance your broader business objectives rather than existing as isolated legal battles.
Industries We Serve
We’ve represented Fortune 500 companies, startups, and universities in proceedings determining competitive position. Our post-grant experience spans complex technologies that require technical expertise to evaluate validity arguments and explain innovations persuasively. A sample of the industries where we represent clients for post-grant proceedings includes:
- FinTech
- Software and AI Systems
- Automotive Engineering
- Biotechnology and Pharmaceutical
- Defense and Military Applications
What You Gain Working With Thomas Horstemeyer
- Direct access to your assigned relationship attorney
- Complete patent services through one trusted firm
- Efficient staffing that controls costs
- Nearly 30 years of exclusive IP expertise
- Cost-effective representation driven by focused teams
Navigate PTAB With Attorneys Who Shaped Its Procedures
Post-grant proceedings determine competitive position, clear patent landscapes, and resolve validity disputes efficiently. Work with attorneys whose thought leadership established how PTAB operates.