So post-grant proceedings can be used in a variety of different timeframes in a patent assertion. If you’re representing a party that’s being threatened with a patent, but hasn’t yet been sued, one way to test the patent is to consider preparation of post-grant review documents that may be provided to opposing counsel to show them that their challenge will fail.

So before litigation is started post-grant challenges can be drafted and considered in order to make the parties get more real about the chances of success.