IP Litigation Attorney in Washington, District of Columbia

Experience in AIA Trials

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00:04
our experience with aia trials is um
00:08
both for the patent owner and the
00:10
petitioner but i’ll tell you a little
00:11
bit about our patent owner experience
00:14
we have a perfect record in ar a ipr
00:17
trials for some clients um including a
00:21
10-0 record in one case
00:23
in one set of cases we successfully
00:26
defended a patent against six different
00:28
ipr petitions we either were able to
00:31
avoid institution or we won the trials
00:34
and then we were able to preserve those
00:36
victories on appeal
00:38
and that turned out to be a very
00:40
lucrative patent for our client they
00:42
were able to license it quite
00:44
successfully after those ipr’s
00:46
you know in another case we successfully
00:48
defended a patent for the swivel cover
00:51
you see on usb thumb drives
00:54
and we won some issues at the p tab and
00:57
we lost some issues but on appeal we got
00:59
a reversal of the key issues we lost
01:02
while preserving the victory on the
01:03
issues we won so overall that was a
01:06
complete success
01:07
and that patent was litigated to a 14
01:10
million dollar judgment
01:12
in a set of cases that are ongoing as i
01:15
speak we’re defending a set of patents
01:17
that were litigated to a 25 million
01:19
dollar judgment
01:20
so we’re used to high stakes cases and
01:23
high profile cases you know we’ve done a
01:26
number of iprs for peloton especially
01:28
when they were going through their ipo
01:31
and a lot of eyes were on those cases
01:34
and that’s that’s pretty typical of the
01:36
type of ipr work we do these day

Washington, D.C. intellectual property lawyer Matt Phillips talks about his experience in AIA trials for patent owners. He mentions that his experience with AIA trials spans both sides of the table—representing patent owners as well as petitioners. When discussing patent owner representation, however, he notes that his team’s record speaks for itself. They have maintained a perfect track record in certain client matters, including a 10–0 record in one series of inter partes review (IPR) cases.

In one instance, his team successfully defended a patent against six separate IPR petitions. They either avoided institution altogether or prevailed at trial, later preserving those victories on appeal. The result was transformative for the client—who went on to license the patent extensively and profitably following the IPR outcomes.

He recalls another case involving the patented swivel cover found on USB thumb drives. At the Patent Trial and Appeal Board (PTAB), his team won on several issues and lost on others, but on appeal, they secured a reversal of the unfavorable findings while upholding their original victories. The result was a complete success, ultimately leading to a $14 million judgment in litigation.

Currently, his team is defending another set of patents tied to a $25 million judgment, underscoring their experience in high-stakes and high-profile matters. He notes that their docket frequently includes cases that attract public and industry attention—for example, the multiple IPRs they handled for Peloton during its IPO period, when the scrutiny was intense. For him, such cases are representative of the level and complexity of post-grant work his firm handles today.

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