Our team’s strong technical abilities and experience with the Patent Office have made Fountainhead an attractive solution for post-grant challenges and other USPTO proceedings. Whether representing patent owners or potential defendants, our representation gives clients a winning edge over their adversaries.

Third-Party Submissions:
When an adversary has pending patent applications considered a threat, third-party submissions may be used in some circumstances to present prior art to the Examiner to limit or even eliminate pending claims.

Ex Parte Reexamination:
For granted patents at issue, Fountainhead has successfully helped clients search for prior art and submit reexamination requests to the Patent Office, which can result in invalidation of the claims.

Inter Partes Review:
While more costly than Ex Parte Reexam, Inter Partes Review (IPR) has become a standard mechanism for asserting new prior art against a granted patent. Similar to a Federal District Court proceeding, an Inter Partes Review allows the party asserting the prior art to participate in the process and present arguments to the Patent Office in support of invalidity of the patent at-issue.

Post-Grant Review:
Once a patent is granted, members of the public have nine (9) months of issuance to challenge the patent at-issue. Post-Grant Review challenges enjoy a wider range of issues, prior art, and discovery available to invalidate a patent than an IPR.