At Booth Udall Fuller, we understand that obtaining patents is only one piece of a comprehensive patent strategy.

In running and growing a business, it may be necessary to navigate around others' patent rights and continue to protect your own. The 2011 America Invents Act drastically changed the landscape for validity challenges to issued patents at the USPTO. Both petitioners and patent owners are empowered to be more involved in contested cases before the Patent Trial and Appeal Board. Whether you are facing a patent infringement lawsuit, wanting to challenge a patent's validity to affirm your freedom to operate, or protecting your own patent's validity, Booth Udall Fuller can help navigate post-grant proceedings to your favor at competitive rates.

PTAB Litigation

To help represent your case in contested proceedings at the PTAB (whether an Inter Partes Review (IPR) or a Post Grant Review (PGR)), you will need attorneys with technical specialties, legal acumen, and experience with the ins and outs of these proceedings to formulate the best arguments on your behalf. Unlike a district court trial, which is decided by either a district court judge or a jury, contested post-grant proceedings are decided by a panel of Administrative Patent Judges. Because the nature of their job is to scrutinize patents and based on their own professional background, APJs dive into the nuts and bolts of the patented technology and the application of patent law far more than a typical jury or district court judge. It is crucial to be represented by attorneys that understand this and are equally technical and nuanced.

Booth Udall Fuller attorneys pride themselves in coming to know the intricacies of your technology so that your patents are resilient. This same skill allows us to create arguments designed for a high level of scrutiny. Whatever your case, you will need a targeted strategy, taking into account both the technical and legal details, from those who have experience at the PTAB, and that is Booth Udall Fuller.

PTAB Appeals

Our comprehensive strategies optimize for the best results but account for all outcomes. If you are faced with an unfavorable PTAB decision, appealing to the Court of Appeals for the Federal Circuit could be a good next step for your position; we will educate and communicate with you clearly along the way.

Whether you are appealing an unfavorable decision or defending a PTAB decision, framing the issues for appeal is critical. With our experience at the PTAB and representing appellants and appellees at the Federal Circuit, we can help.

Ex Parte Reexamination

In addition to contested proceedings, ex parte reexaminations are still available to patent challengers. Booth Udall Fuller has been active in engaging in these proceedings for years. We work as a whole to leverage our experience, expertise, and resources to ensure that you are represented favorably, whether you are requesting reexamination of another's patent or are defending your own.

Call us today to discuss your options!

A patent attorney from Booth Udall Fuller can provide you with thorough and effective legal services for all aspects of the patent process:

  • Patent searches
  • Patent prosecution
  • Patent maintenance
  • Infringement and non-infringement opinions / consultations
  • Public domain and prior art issues
  • International patents
  • Licensing
  • PTAB litigation


If you would like to speak with an experienced patent attorney in Arizona, registered with the United States Patent and Trademark Office, we look forward to talking with you. We offer 30 minute and 60 minute consultations and are conveniently located just South of the 202 Freeway in Tempe at the center of the greater Phoenix Metropolitan area.