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Expert Analysis

Now Arriving: New Wave Of Patent Validity Challenges

Law360, New York (September 11, 2014, 12:31 PM EDT) -- The historic America Invents Act became law in September 2011, but the impact of one of its most important features — post-grant review (PGR) — is only now beginning to be felt. The first petition for PGR was filed in the U.S. Patent and Trademark Office on Aug. 5, 2014. Despite the delayed start, PGRs will play an increasingly important role in the resolution of patent disputes over the coming months and years as more and more patents become subject to challenge by PGR. Outside the context of patent disputes, PGRs also will play an increasingly important role in invalidating unwarranted patents and making room for competition in new products and markets....

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