PATENT TRIAL AND APPEAL BOARD (PTAB)


The USPTO’s Patent Trial and Appeal Board (PTAB) has become the de facto venue for litigating patent validity. Companies accused of patent infringement, or simply aiming to clear the way for market entry, often ask the PTAB to review an issued patent’s validity, because the PTAB delivers answers through a fast-moving proceeding with evolving and unforgiving procedural rules. Leading companies, innovators, and global market leaders need experienced counsel that understand how these proceedings affect their business goals — such as participating in important market areas and protecting their key innovations — and to successfully litigate PTAB cases. Key interactions with PTAB include: 

  • Successfully petitioning for (or opposing a petition) for review 
  • Persuasively briefing and arguing before a panel of the PTAB’s highly trained patent judges, who are often experts themselves in the technology at hand
  • Efficiently coordinating PTAB proceedings with co-pending district court and International Trade Commission (ITC) litigation 

Latham has focused on PTAB proceedings since their inception, pioneering a litigation approach that combines unrivaled PTAB procedural dexterity with strong writing, deposition, and oral advocacy skills honed through years of successfully trying clients’ patent cases. Latham is active in the PTAB bar: a Latham lawyer founded and currently leads the PTAB Bar Association, and several Latham lawyers were part of the group that established the Association, including its Inaugural Conference.

Latham’s robust team of PTAB lawyers effectively represents clients by leveraging the skills of experienced patent litigators, technical practitioners, and dedicated PTAB paralegals that integrate seamlessly with Latham’s top-notch district court and ITC teams. As a losing party will often appeal high-stakes PTAB proceedings to the US Court of Appeals for the Federal Circuit, the firm’s PTAB lawyers also draw on the complementary experience of Latham’s top-ranked Supreme Court & Appellate Practice, led by a former US Solicitor General and numerous former clerks from the US Supreme Court and Federal Circuit. With a wealth of experience, Latham delivers a formidable combination of appellate, district court, and PTAB experience to help clients succeed.