Inside The 3 Busiest Patent Litigation Forums

Law360, New York (August 29, 2014, 12:17 PM EDT) -- Since the America Invents Act's institution of inter partes review (IPR) and covered business method review (CBMR) in September 2012, over 1,700 AIA petitions have been filed. That number is still on the rise, with nearly a third of those petitions filed in the last four months alone. These statistics are not surprising. For the defendant accused of patent infringement, these AIA proceedings have several potential advantages over litigation, including faster resolution, lower cost, a broader claim construction, no presumption of validity, a lower burden of proof (preponderance of the evidence), a patent-savvy judge, a high probability of success, and another form of settlement leverage. Given these potential upsides, defendants should be evaluating whether to file AIA petitions in almost every patent infringement litigation....

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