Strategic Advocacy Before the Patent Trial and Appeal Board
Proceedings before the Patent Trial and Appeal Board (PTAB) play a critical role in determining the strength, scope, and enforceability of patent rights. Banner Witcoff’s PTAB Litigation practice represents clients in high-stakes matters before the U.S. Patent and Trademark Office, leveraging deep technical knowledge and extensive prosecution and litigation experience to protect valuable intellectual property.
Our attorneys regularly appear before the PTAB in contested proceedings that can reshape patent portfolios and influence parallel district court and International Trade Commission litigation. We develop strategies designed not only to prevail before the PTAB, but also to support broader enforcement, defense, and business objectives.
Our PTAB Litigation Services
PTAB Trials and Administrative Proceedings
Banner Witcoff represents petitioners and patent owners in all types of PTAB proceedings, including:
- Inter partes review (IPR)
- Post-grant review (PGR)
- Derivation and interference-related proceedings
- Ex parte appeals from prosecution and reexaminations
We guide clients through every phase of PTAB proceedings—from pre-filing analysis and petition or response strategy to trial, oral argument, and final written decision.
Coordinated Multi-Forum Strategy
USPTO proceedings often run in parallel with district court or ITC litigation. We align PTAB strategy with broader enforcement and defense efforts, advising on:
- Venue-specific considerations and stay strategy
- Claim construction positioning and estoppel implications
- Invalidity and patentability arguments
- Portfolio-level impacts across related patents
This integrated approach enables clients to make informed, strategic decisions across multiple forums.
Technical Depth Across Industries
Banner Witcoff is uniquely positioned to handle matters involving complex technologies, supported by a deep bench of experienced PTAB litigators and technical professionals. Our teams efficiently manage disputes of all sizes across a wide range of industries, including:
- Electrical and computer technologies
- Software and computer-implemented inventions
- Business methods and fintech
- Mechanical, automotive, and consumer products
- Life sciences and biotechnology
- Medical devices
Our attorneys work closely with inventors, engineers, and expert witnesses to develop technically rigorous and persuasive arguments.
Experience and Recognition
- Banner Witcoff has represented clients in hundreds of PTAB proceedings on behalf of both patent owners and petitioners.
- The firm’s PTAB success rates consistently exceed national averages, reflecting disciplined strategy and effective advocacy.
- Many of our attorneys have prior USPTO experience, providing valuable insight into PTAB procedures and decision-making processes.
- PTAB litigation is a core component of the firm’s broader IP litigation practice, which also includes district court litigation, ITC proceedings, and appeals.
Why Clients Choose Banner Witcoff
Deep PTAB Litigation Experience
Our attorneys understand the unique procedural, evidentiary, and strategic considerations that define PTAB proceedings.
Integrated Dispute Strategy
We coordinate PTAB litigation with parallel district court, ITC, and portfolio management strategies to support broader business goals.
Technical and Legal Strength
Our team combines strong litigation capabilities with advanced technical expertise across key industries.
Client-Focused Efficiency
Clients value our ability to move quickly, communicate clearly, and deliver practical, actionable guidance in fast-paced proceedings.
Strategic Advocacy at the PTAB
Banner Witcoff’s PTAB Litigation practice delivers focused, technically grounded advocacy designed to advance business objectives—at the Patent Trial and Appeal Board and beyond.