Members of our team have been counsel collectively in over 80 inter partes reviews and we have a track record of successes on behalf of patent owners and petitioners. Our success comes from several factors. We have maintained an intense focus on understanding the rapidly developing law and trends related to review proceedings since their inception. This understanding guides our strategies on a tactical level and on substantive issues. Also, we have a deep understanding of what will be well received at the U.S. Patent and Trademark Office (USPTO) regarding obviousness, which is critical because most inter partes review proceedings are decided based on obviousness.
In addition to inter partes review (IPR), other post-grant proceedings at the USPTO include post-grant review (PGR), and covered business method (CBM) reviews, reexaminations, reissue applications, supplemental examination and derivation proceedings. Our experience with these various options provides our clients with significant advantages because we are able to consider and deploy an array of options.
Patent Preparation & Prosecution
The patent attorneys at L&P have been preparing and prosecuting patent applications for over two decades. We have an established track record of obtaining valuable patents that further our clients’ business objectives. We seek broad protection where possible and implement best practices to preserve claim scope. We are particularly adept at tailoring claims to cover products that have developed around a patent’s earlier disclosure. We are also leading-edge attorneys focused on innovative ways to obtain patents that will withstand the intense scrutiny of post-issuance proceedings, and we leverage our unique experience and insights from the proceedings during the “front end” patent preparation and prosecution process.
We prepare and prosecute patent applications with the highest quality of service, and it shows as our lawyers have received the highest ratings from large clients who rate and rank their outside lawyers, including some of the largest and best known firms in the IP realm. Additionally, numerous publications that assess patent attorneys based on client interviews and peer reviews consistently provide L&P attorneys with top rankings and praise for our skills and reputations.
Patent Litigation Support
We use our technical acumen and knowledge of patent law to assist litigators with pre-litigation analysis, litigation strategies, and the intersection of litigation and post-grant matters. We analyze the strength of the validity of patents. We also provide claim construction analysis and assess infringement positions. By developing positions and contingency positions on infringement, validity and other litigation-related issues, we enable litigators to more effectively and efficiently handle complex patent litigation matters. We are experienced across a broad spectrum of science and technology to provide the diverse perspectives needed for supporting a range of patent litigation matters.
Federal Circuit Appeals
Our experience in appeals before the U.S. Court of Appeals for the Federal Circuit ranges from briefing and arguing to preparing amicus briefs. Our appellate practice is primarily linked to our post-grant practice. Because we expect an appeal from opposing counsel in each review proceeding, we ensure that our approach will be result in success at the Federal Circuit.
Our team draws on the experience gained by Matt Phillips from his two-year clerkship at the Federal Circuit. As a clerk, he gained valuable insight into the court's procedures and decision making and learned firsthand the traits of effective and ineffective appellate advocacy. He is also an active participant in the Federal Circuit Bar Association, which helps him to stay well informed about the Federal Circuit.