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The America Invents Act of 2011 dramatically changed the patent review process, and opened up a new range of options for reviewing granted patents. Intellectual property holders need experienced patent counsel who can guide them through this new legal landscape as they defend their IP.
Womble Carlyle’s Post Grant Review Team includes both court-tested IP litigators and veteran patent prosecutors with experience in a wide range of technical fields. Our team also includes former patent examiners in the U.S. Patent and Trademark Office.
Our team has handled numerous reexamination proceedings, both ex parte and inter partes, as well as the new inter partes review proceedings, representing both patentees and accused infringers. Most recently, we successfully invalidated two patents through inter partes review, after those patents were asserted against one of our clients in district court litigation.
Before the inter partes reexamination program was terminated by the America Invents Act, our team regularly maintained a large docket of inter partes reexamination cases, most of which were aligned with ongoing patent litigation. We continue to represent clients involved in the remaining inter partes reexamination cases that are still pending.
Womble Carlyle also was one of the first firms to argue a PTO Board decision in an inter partes reexamination before the Court of Appeals for the Federal Circuit.
In addition, we successfully stopped an inter partes reexamination from proceeding in the USPTO by petitioning the Office of Patent Legal Affairs. That ruling was adopted into and changed the USPTO Manual of Patent Examining Procedure.
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