How does the firm help clients on both the offensive and defensive sides?
Our firm works with clients that both want to go on the offensive to invalidate somebody’s patent or clients that want to find themselves on the defensive and they need to defend a patent that has been granted to them.
In many cases, we’ve helped clients obtain patents. And later on, when the patent is attacked or is subject to a post-grant proceeding, we can defend that client at the patent office and in the proceeding. In part because we know the subject matter of the patent that we wrote, we’re familiar with the client, we’re familiar with the client’s needs, and we’ve been very successful in the past at helping clients defend their patents at the patent office when subjected to one of these post-grant proceedings.
And on the offensive side, sometimes we have clients that feel that a patent was issued in error to one of their competitors. It’s causing a problem for them. They think that, that competitors’ unfairly, for example, staking their claim in the marketplace based on a patent that shouldn’t have ever been granted, and we can help those clients take out that patent through one of these post-grant proceedings, if necessary.