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Capabilities / Post-Issuance Proceedings

Post-Issuance Proceedings

Challenging patents.

Our attorneys are leaders in using inter partes review (IPR) to address the validity of issued patents. Our team has the strategic foresight and the extensive knowledge of patent law required to handle post-issuance proceedings before the Patent Trial and Appeal Board (PTAB).

Husch Blackwell initiated the first pharmaceutical-related inter partes review under the America Invents Act of 2011, securing a decision that invalidated all 58 of the challenged claims on behalf of our client. Since then, we have participated in over 75 IPRs, securing many additional positive outcomes, thanks to litigation plans that carefully consider timing and estoppel, the ability to stay concurrent litigation, and maintain consistency with concurrent litigation involving the subject patents.

Testimonials Wade Shafer, American Simmental Association

"When we were blindsided by a patent infringement lawsuit that could have put us out of business if found meritorious, we immediately turned to Husch Blackwell for assistance. As one avenue of attack, the legal team challenged the patents’ validity at the USPTO in what was, at the time, the untested post-grant review process. Their decisive action and novel approach resulted in dismissal of the lawsuit and an order from the USPTO invalidating every claim of the asserted patents."

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Testimonials Jamie Hawken, Vice President and General Manager, Utility Concrete Products LLC

"The advice and service that we get from Husch Blackwell are second to none. We work with several other firms for matters outside of intellectual property, and the experience just simply is not the same. Most importantly, the Husch Blackwell team offers the one thing that all clients are ultimately looking for in an attorney: SUCCESS."

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Client Results

Manufacturer of baby products wins inter partes review victories at the PTAB.

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