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Post-Grant Patent

Brinks Gilson & Lione has significant experience in USPTO administrative proceedings including re-examinations, interferences, and the new proceedings created by the AIA including inter partes reviews (IPR) and Covered Business Method patent reviews (CBM).

Although IPRs and CBMs have only been available for a few years, Brinks has jumped to the forefront of this new type of proceeding and has served as lead counsel in approximately 40 cases before the Patent Trial and Appeal Board (“PTAB”) and several subsequent appeals to the Federal Circuit.

To view a listing of representative Post-Grant Patent proceedings matters, several of which are discussed in the following paragraphs, click here.

To view a Summary Comparison of Post-Grant Proceedings click here.

In four petitions for IPRs filed on two patents for client FLIR Systems, Brinks obtained complete victory.  Brinks’ experience in post-grant proceedings enabled it to successfully navigate what proved to be a very procedurally-complex IPR, which included 14 depositions over a compressed schedule, as well as numerous motions and conferences with the PTAB judges.  Brinks prevailed when the PTAB held unpatentable each of the 76 claims of the two patents challenged by our client.

In a petition for IPR filed for a client in the automobile industry, Brinks successfully invalidated the majority of claims of a patent covering tire pressure monitoring systems for automobiles, including the lone independent claim. Brinks employed narrow, targeted anticipation and obviousness arguments based on a select handful of prior art references to succeed at the PTAB.

In three petitions recently filed for a chemical company, Brinks is currently challenging a competitor's patent claims for the manufacture of fluorinated olefins, which are touted as the next generation of refrigerant and as the worldwide replacement for HFCs.

Flash Docket

Flash Docket is a proprietary software solution that automatically updates clients' patent information by directly connecting Brinks' docketing technology to the Patent Application Information Retrieval (PAIR) system at the United States Patent and Trademark Office (USPTO).

Client Portals

Client Portals offer 24/7 access to your domestic and foreign matters. The Client Portals are implemented as web portals that provide secure access from virtually anywhere to your applications, USPTO correspondence, docket information, and due date reports. Your Client Portal is extensible.

Custom Analytics

Our docketing system captures detailed USPTO data from the PAIR system, including art unit and examiner data. Our docketing system enables client specific analysis of your portfolio to help obtain a better understanding of how your applications are progressing through the USPTO and to identify potential roadblocks in advance.

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