SAN FRANCISCO — With the America Invents Act, a new practice area sprung up overnight. The rise of the inter partes review proceeding has shaken up the way clients approach patent litigation and what they look for in top IP counsel. The usual targets of patent litigation have seized on the IPR, which allows any party to challenge the validity of a patent before the Patent Trial and Appeal Board, as a way to end-run a traditional (and more costly) courthouse defense.
It’s created a need for a hybrid: a patent litigator crossed with a patent prosecutor, a lawyer as comfortable in trial and Federal Circuit proceedings as she is in the halls of the U.S. Patent and Trademark Office. But these utility players of the patent world are a rare breed. Firms that don’t have them have instead built IPR teams by putting litigators and patent prosecutors together. For some firms, particularly those that jettisoned their patent prosecution practices over the last decade, this requires creativity.
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