As an Inter Partes Review Consultant, I draft declarations and assist my clients in Federal court and PTAB.
I have experience assisting clients from startups to major corporations.
In general, 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 reviewis a trial proceeding conducted at the Board to reviewthe 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:
I can assist your attorney in all filings, and you can hire my services as an expert or “Inter Partes Review” consultant.
Selected IPR Declarations and Reports
A sample declaration filed in IPR2019-01014, not instituted for our client, MULTEMEDIA CONTENT MANAGEMENT, LLC
Selected Expert Reports
In a TCPA case against Vehicle Agency and AT&T, and in the notice of “Filing of Expert Report and Identification of Key Portions Answering the Court’s Questions by Vehicle Agency, LLC” for a TCPA Case.
Many reports were nominated “HIGHLY CONFIDENTIAL” and are not available to the public.