Intellectual Property: Post-Grant Review Proceedings
O’Melveny harnesses the power of the USPTO to help our clients defeat adversaries who are asserting invalid patents—or attacking valid ones.
O’Melveny harnesses the power of the USPTO to help our clients defeat adversaries who are asserting invalid patents—or attacking valid ones.
O’Melveny pilots petitioners and respondents through the twists and turns of inter partes review and other post-grant proceedings, including appeal. We know how best to employ these tools—or defeat them—because our lawyers helped create the rules and policy. Our team is led by a former Vice Chief Judge of the Patent Trial and Appeal Board and Senior Legal Advisors to the Director of the USPTO. And we have many more former USPTO lawyers in our ranks, ensuring efficient and effective representation from start to finish.
We are particularly adept at utilizing IPRs as part of a comprehensive patent defense strategy. We are among the top 10 firms in number of petitions filed annually. And, at 80%, our institution rate of offensive IPRs tops the charts for firms filing 50 or more.
Obtained final written decisions of unpatentability of all challenged claims in five IPRs, leading to favorable settlement.
Obtained institution denials on the merits on all 11 IPRs filed against drug treatment/formulation patents.
We defeated institution of three IPRs against our client’s patents.
Filed five IPRs, which have all been instituted.
Stepping in just before trial, won a jury verdict for the tech giant, defeating patent infringement claims against Google’s popular smart-home Nest Hub devices.
Filed seven IPRs and a CBM, which resulted in final written decisions of unpatentability of all challenged claims.
Obtained institution and final written decision of unpatentability of all challenged claims in three IPRs.
A competitor disclaimed all of the claims that our client challenged in an IPR.
In what Law360 called a “rare” and “potentially groundbreaking” decision, we defeated an effort by Synopsys, Inc. to invalidate our client’s patent claims in one of the first IPRs in which the Patent Trial and Appeal Board upheld any claim.
Filed 12 IPRs against six patents; successfully obtained institution of IPRs that wiped out all asserted claims but one that was not subject to an IPR.
“Noted for its excellent track record of handling inter partes reviews”
—Chambers USA