All Posts

The bipartisan PREVAIL Act strengthens U.S. innovation by reforming PTAB proceedings. It raises the burden of proof, curbs serial challenges, limits forum shopping, and aligns standards with district courts—with the goal of restoring fairness for inventors, startups, and universities.

IPR and district court litigation apply very different standards. IPRs favor challengers with a lower burden of proof, specialized judges, limited evidence, and faster timelines. Litigation favors patent owners with a higher burden of proof, broader evidence, jury trials, and longer timelines. These differences drive strategy for both sides in patent disputes.

On July 31, 2025, the USPTO issued new guidance reinforcing the requirement under 37 C.F.R. § 42.104(b)(4) that IPR petitions must specify precisely where each element of the challenged claim is found in the cited prior art patents or printed publications. This policy shift—prompted by recent Federal Circuit decisions—strengthens patent owners’ procedural defenses and raises the bar for petitioners, ensuring that only fully developed and evidence-based challenges move forwa

In high-stakes patent litigation, every word in the prosecution history matters. From claim construction battles to invalidity defenses...

Appealing a decision from the Patent Trial and Appeal Board (PTAB) or a district court to the U.S. Court of Appeals for the Federal Circuit is always an uphill battle. Statistics show that most patent appeals result in the Federal Circuit affirming the lower tribunal’s decision. However, certain legal arguments succeed more frequently than others. In this article, we examine the most successful grounds for appeal in patent cases.

When the scope of your patent claims is under fire, a single amendment or argument in the file history can change everything. Prosecution history estoppel is a powerful tool in patent litigation—and a potential trap. A skilled patent prosecution expert can help litigation teams dissect the file wrapper, rebut estoppel claims, and preserve critical claim scope under the doctrine of equivalents. Don’t litigate in the dark—leverage deep prosecution insight to gain the upper hand

Weigh the pros and cons of Inter Partes Review (IPR) versus district court litigation. Compare cost, speed, scope, and strategy in patent disputes.

In a growing trend at the PTAB, Inter Partes Review petitions are being denied not for weak prior art—but because of “settled expectations.” When patents have been in force for years without challenge, and competitors have long been aware of them, the USPTO is increasingly reluctant to disrupt the status quo. This post explores how the doctrine is being applied, what it means for petitioners and patent owners, and why timing is now more critical than ever in IPR strategy.

When defendants serve invalidity contentions in a patent case, it’s critical to respond with precision and strategy. At Your Patent Counsel, we specialize in connecting the dots between prosecution history and litigation defense. We help litigation teams quickly identify key distinctions in the file wrapper, analyze prior art arguments, and draft persuasive responses grounded in the intrinsic record.

In the high-pressure world of patent litigation, time is always in short supply—especially when preparing responses to motions or...

In today’s innovation-driven economy, companies are constantly filing, defending, and leveraging patents—but not every business needs or...

Inter Partes Review (IPR) proceedings are intense, fast-moving, and high-stakes. When a company’s core IP is challenged at the Patent...

For many companies, intellectual property is one of their most important assets. But managing a patent portfolio—especially a growing or...

Navigating the intricate web of a patent's history can be a daunting task for patent litigators and attorneys. With the increasing...

When it comes to navigating the intricate world of patent litigation, having expert guidance can make all the difference. That's where a...

Navigating the intricate world of patent prosecution for litigators can be a daunting task. As a patent litigator, you understand the...