Monthly Payment Plans for Inter Partes Review and Post Grant Review

Is a patent owner trying to extort a settlement from your company? Is the patent owner counting on your company settling just to avoid the cost of federal litigation? Using Inter Partes Review or Post Grant Review combined with our monthly flat rate legal fee plans can provide you with a valuable tool to beat your competitor and invalidate their patent.

We can make your company’s patent defense affordable! Contact us now discuss initiating an Inter Partes Review (“IPR”) or a Post Grant Review (“PGR”). Our flat rate monthly legal fee plan makes it easy for your company to budget for its defense.

Inter partes review is a trial proceeding conducted at the U.S. Patent Trial and Appeal Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications. For first-inventor-to-file patents, inter partes review process begins with a third party (a person who is not the owner of the patent) filing a petition after the later of either: (1) 9 months after the grant of the patent or issuance of a reissue patent; or (2) if a post grant review is instituted, the termination of the post grant review. These deadlines do not apply to first-to-invent patents. The patent owner may file a preliminary response to the petition. An inter partes review may be instituted upon a showing that there is a reasonable likelihood that the petitioner would prevail with respect to at least one claim challenged. If the proceeding is instituted and not dismissed, a final determination by the U.S. Patent Trial and Appeal Board will be issued within 1 year (extendable for good cause by 6 months). The procedure for conducting inter partes review took effect on September 16, 2012, and applies to any patent issued before, on, or after September 16, 2012.

Post grant review is a trial proceeding conducted at the U.S. Patent Trial and Appeal Board to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3). Post grant review process begins with a third party filing a petition on or prior to the date that is 9 months after the grant of the patent or issuance of a reissue patent. The patent owner may file a preliminary response to the petition. A post grant review may be instituted upon a showing that, it is more likely than not that at least one claim challenged is unpatentable. If the proceeding is instituted and not dismissed, a final determination by the U.S. Patent Trial and Appeal Board will be issued within 1 year (extendable for good cause by 6 months). The procedure for conducting post grant review took effect on September 16, 2012, and generally applies to patents issuing from applications subject to first-inventor-to-file provisions of the AIA.

Depending on the number of patents being asserted against your company, we can design a customized Inter Partes Review strategy or a customized Post Grant Review strategy with a flat rate monthly legal fee plan. Contact us today so we can start planning your defense and help your company go on offense.  We work with all businesses, from start-ups to Fortune 100 corporations.

Some critical defensive tools against allegations of infringement, are Inter Partes Review and Post Grant Review. Each is essentially a compressed litigation that can be initiated by you to challenge the validity of a patent. The proceeding is litigated before the U.S. Patent Trial and Appeal Board. During the IPR or PGR proceeding, the U.S. Patent Trial and Appeal Board will review your arguments that the patent claims are invalid, as anticipated or obvious, based on prior art consisting of patents and other printed publications. Inter Partes Review and Post Grant Review allows you to obtain a ruling of invalidity much faster and at a lower cost than litigating in federal court.

Garcia-Zamor offers a full suite of patent, trademark and intellectual property services. As a full service IP Law firm, the Garcia-Zamor legal team provides copyright, patent and trademark registration and protection, along with search and litigation services.  If you’re ready to protect your brand and intellectual property, Garcia-Zamor stands ready to offer you the maximum protection under the law.

The attorneys at Garcia-Zamor have prior experience working to enforce patents against infringers. It is this experience that gives us the competitive edge in evaluating and prosecuting patent infringement cases.

We are aggressive and approachable. We will relentlessly pursue the best outcomes for our clients while keeping you educated and informed as your case progresses.

Garcia-Zamor prides itself on innovation, which is why Garcia-Zamor is on the forefront of trying to make access to patent enforcement litigations accessible for patent holders.

Contact Garcia-Zamor to have your infringement situation reviewed to evaluate whether it would be appropriate to bring a contingent fee patent infringement case.