What To Expect From Growing AIA Patent Challenges

Law360, New York (June 30, 2014, 10:16 AM EDT) -- The passage of the America Invents Act in 2011 brought about significant changes to the U.S. patent system. According to statistics published by the U.S. Patent and Trademark Office, more than 1,100 petitions for inter partes review and covered business method review have been filed since filing began on Sept. 16, 2012. In the federal district courts, motions to stay patent litigations pending the outcome of concurrent IPR and CBM proceedings have been granted at a high rate, which provides significant tactical leverage to defendant petitioners. And recently, the PTO urged the Federal Circuit to uphold its decision invalidating Versata Development Group Inc.'s product pricing patent in the first AIA review, saying that it is "difficult to see" how the patent covers anything but an abstract idea. The Federal Circuit affirmed the lower court's decision on June 18....

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