Post-Grant Procedures (IPR, PGR...)

Practices

Lerner David’s post grant practice has always been active, and expanded almost immediately with the passage of the AIA.  For a major medical device manufacturer, Lerner David filed some of the last inter partes reexaminations just before AIA implementation in September 2012, and then, less than two months later, successfully prosecuted one of the first inter partes reviews (IPR) to go to hearing. Since then, Lerner David has been involved in over 50 inter partes reviews (IPR) on behalf of both patent owners and patent challengers.

Through the use of Preliminary Responses, Lerner David has been able to forestall the institution of, stay federal litigations and obtain prompt settlements in multiple proceedings.   Lerner David is also one of the few firms to have filed a derivation proceeding  and is currently preparing several Post Grant Review (PGR) Proceedings in the pharmaceutical industry.

Lerner David, with its experience in both patent acquisition and enforcement, possesses a unique skill set tailor made for these new Patent Office proceedings, which are neither litigations nor examination, and cannot be treated merely as either.  Because our ability to assimilate the intricacies of the technology, and our knowledge of the institution and its procedures, Lerner David is well poised to bring and defend post-grant procedures. 

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