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David Thibodeau

is a Partner in VLP’s Intellectual Property Practice Group. His practice emphasizes the building and refining of patent portfolios, strategic advice concerning competitive IP rights, and due diligence for technology-based financial, merger/acquisition and other business transactions. David most often handles prosecution matters before the United States’ and foreign patent offices, but he has also successfully concluded litigations and other disputed matters. He regularly works with company founders, investors, engineers and scientists across the information technology industry in areas such as data storage, database systems, financial services, social media, network security, medical devices, semiconductors, optics, signal processing, and antennas.

For more information or to contact David, please visit his Firm Profile Page.

Recent Articles by David Thibodeau

Do Recent Decisions Signal a Change in Patent Owner’s Rights to Defend and Amend Claims in Post-Grant Proceedings?

Ever since the introduction of AIA post-grant proceedings, many have questioned whether the procedural deck is stacked against patent owners.  Limits on making claim amendments, having to bear the burden of showing the validity of claims already issued, and being subjected to multiple serial attacks, certainly have made it seem so.  But have recent cases signaled the playing field may now be tipping ever so slightly in a patent owner’s favor?  Or are these decisions just an illusion?

Why SAS Institute Matters More Than Oil States

Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the attention this fall. The possibility of finding Patent Trial and Appeal Board (PTAB) post grant proceedings unconstitutional cannot be understated. But oral arguments will also be heard on that same day in the less-noticed SAS Institute v. Matal… Should any form of IPRs survive Oil States, the following SAS Institute decision should be watched with equal anticipation. A reversal in SAS Institute will no doubt have you rethinking your PTAB strategy.