Litigation-Related Patent Prosecution Counseling

Goldstein & Lipski PLLC has several attorneys who are licensed to practice before the United States Patent and Trademark Office.  While this is not necessary to participate in patent litigation, Goldstein & Lipski PLLC understands the importance of prosecution issues in pursuing a patent litigation. 

For example, a growing defense strategy is to ask the United States Patent & Trademark Office (USPTO) to reexamine the patent(s) in suit.  Most of our clients use their prosecution counsel to handle the reexam.  However, Goldstein & Lipski attorneys generally work closely with the client's prosecution counsel to ensure that the client's litigation strategy is not compromised, and have themselves prosecuted a reexamination to completion without changes to the claims.   Additionally, we sometimes see situations where we believe a client's position could be strengthened through reissues or reexaminations even before a suit is filed.   In those instances as well, we work with the client and the client's prosecution counsel for the best possible outcome to maximize the likelihood that a valid and infringed patent emerges from the process.