Inter Partes Review (IPR)
Upon grant of a petition for IPR, the Patent Trial and Appeal Board (PTAB) will review the patentability of one or more claims in a patent, but 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. The PTAB standard of review for an IPR is reasonable likelihood of invalidity (e.g., in federal court, the standard of review is clear and convincing evidence of invalidity). CRK attorneys develop strategies for asserting patents and defending patents that are involved in IPRs while a companion case is proceeding in Federal District Court. Post-grant proceedings are a hybrid between a patent office examination and a litigation. The post-grant decision makers are technically trained administrative judges. The ideal person to persuade these technically trained judges is a person that is also technically trained, understands the patent office, and understands how the decision makers think and can respond to technical questions, but also the litigation briefing, presentation, and oral argument skills. CRK has the right people with these backgrounds.