IP Litigation Attorney in Washington, District of Columbia
Working With Litigation Counsel in IPR
Working With Litigation Counsel in IPR
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00:04
we often work with litigation counsel at
00:06
different firms when we are handling an
00:08
ipr
00:10
and it’s critical that we be in
00:12
alignment when it comes to strategies
00:14
and positions particularly claim
00:16
construction and that’s true whether
00:18
you’re on the patent owner’s side or the
00:20
petitioner’s side these days the fact is
00:23
sometimes there’s a prosecution bar that
00:25
limits
00:26
the the extent of participation that
00:29
litigation council
00:30
can have and in those cases that’s often
00:33
when we get called
00:36
sometimes litigation council just wants
00:38
someone more familiar with the ptab more
00:41
familiar with the
00:42
intricacies of the aia trials and we
00:46
certainly have that expertise
00:48
although you know we have more than
00:50
procedural expertise i think we’re very
00:52
good at understanding
00:54
which positions move the needle you know
00:56
which issues to pursue and which ones to
00:59
drop and then how to present those
01:01
issues persuasively and convincingly to
01:04
ptap judges which is different than what
01:07
you would do
01:08
often in a district court with a
01:10
district court judge and i would say
01:12
that some litigation tactics just do not
01:15
work at all or do not work well before
01:18
the ptab
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Washington, D.C. intellectual property lawyer Matt Phillips talks about his approach to working with litigation counsel when handling an IPR.
