We have experience assisting clients as IPRs consultants. IPRs are now used as defense during patent infringement cases. During the IPR process, we will be evaluating prior-art and preparing reports for either a Patent Owner or a Petitioner. Invalidity and infringement will have to be considered as both could be greatly affected by the IPR process, and in many cases terms and claim construction rulings may have an effect that our experts will consider.
An “Inter Partes review” is defined as:
Inter partes review is a trial proceeding conducted at the 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 (more info)
The PTAB Board will first determine if the trial will be “instituted” and whether or not the “Petitioner” has sufficient grounds, or “if reasonable likelikhood standard” is met. The “Patent Owner’s” response to the initial filling (Preliminary Response) is considered as part of this decision.
Once, the petition has been instituted, additional declarations will be required for the board to review and used by your counsel arguing a defense or requesting a claim or claims to be invalidated.
The USPTO has the following flow chart:
