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Challenging the Validity of a Competitor’s Patent

Businesses often find that a competitor’s patent blocks key business activities, making it necessary to challenge the validity of the competitor’s patent. Many businesses are not aware that the validity of a competitor’s patent can be challenged.

Defending the Validity of Your Patent

Many businesses find that defending the validity of their own patents is a time-consuming and frustrating process, your competitors may challenge the validity of your patent, making it necessary to defend the validity of your patent.

The Firm’s Validity Services

A successful validity challenge or validity defense requires:

  • A significant amount of legal expertise, with the ability to effectively communicate to the tribunal
  • An in-depth understanding of the technology
  • In many cases, well-designed experimental evidence

The Firm’s attorneys have been involved in successful challenges and defenses of patents around the world, either as an attorney or technical expert, since 1999. In the United States, the Firm’s attorneys directly challenge the patent validity in front of the United States Patent Office. Recent challenges have involved patents that were the subject of litigation.

The Firm’s attorneys have also managed and coordinated multiple patent validity challenges and defenses outside of the United States through our international network. For instance, Ed Sisson has directly participated in approximately two patent opposition proceedings per year in the European Patent Office.

In addition to Ed Sisson’s participation in the European Patent Office hearings, attorneys at the Firm found the prior art, drafted the initial substantive arguments, reviewed the briefs, identified the technical experts, designed the experiments, wrote the technical reports, and worked directly with local counsel to effectively communicate with the tribunal.

If you would like to speak to an attorney at the Firm regarding patent validity challenges, please contact us for more information.

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