Once patent rights are granted, it is not uncommon for the patent rights to be challenged. Someone might infringe on a patent, or may challenge the validity or enforceability of the patent. Patent rights are often disputed through patent litigation. There are two authorities that preside over patent litigations: the federal courts and the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO).
When your patent rights are challenged in litigation, you need to work with an experienced team of patent litigation attorneys who will fight tenaciously for you. The patent litigation attorneys at The Rapacke Law Group can skillfully handled patent litigations before both the federal courts and the PTAB. Let us help you navigate the patent litigation process.
Litigation at the Federal Court
The grant of a patent carries with it the right to exclude others from making, selling, using or importing the protected invention. Yet, from time to time, a patent owner’s patent rights are violated, or infringed, when someone makes, sells, uses or imports the patented invention without permission. A patent owner can enforce his or her patent rights against infringers by initiating a patent litigation (i.e., through a civil suit) in U.S. federal court.
Patent litigation in federal court is a complicated process that involves a lot of moving parts. Certain filings must be made in a specific way and at specific times in order to preserve your rights. A knowledgeable patent litigation attorney can help you through the patent litigation process.
At The Rapacke Law Group, we can help you prepare and file an infringement complaint and motions to dismiss, schedule conferences, conduct discovery, engage in claim construction hearings, file summary judgement motions, prepare for trial, conduct trial and file any required post-trial motions or appeals. We additionally can help you with collecting evidence and information for trial, such as taking depositions and identifying expert witnesses.
Litigation at the Patent Trial and Appeal Board
The United States Patent and Trademark Office (USPTO) is not an infallible government entity, and from time to time the Patent Office might make a mistake by granting a patent in error. When this happens, while the patent holder might be elated at their newly granted patent rights, other third party entities, such as the patent holder’s competitors, may be miffed. When someone other than a patent holder has reason to believe that a patent was issued in error, they have legal recourse through an Inter Partes Review (IPR), which is a form of patent litigation.
IPR is an opportunity for anyone who is not a patent holder to challenge the validity of an issued patent before the Patent Trial and Appeal Board (PTAB) at the USPTO. IPR is a particularly handy form of legal action for businesses that want to see their competitors’ patents rendered unusable, and for those entities who stand accused of infringement.
Whether you need to initiate an IPR challenge for an issued patent, or need to defend against an IPR challenge, consider consulting with the patent litigation attorneys at The Rapacke Law Group. Our knowledgeable professionals can help you with any litigation matters you may have before the PTAB.
