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Expert Analysis

Patent Armoring Via Reissue Proceedings

Law360, New York (September 16, 2014, 9:06 AM EDT) -- In 2011, the America Invents Act implemented several new post-issuance proceedings to challenge patent validity. These new proceedings include post-grant reviews and inter partes reviews.[1] Initial experience with inter partes reviews has shown a high rate of successful invalidity challenges and patent claim cancelations. This high rate of success should alert patentees to the fact that some of their patent claims will likely be declared invalid if attacked in post-grant review or inter partes review. Thus, patentees should be proactive in thoroughly evaluating their IP portfolio for weaknesses before they are attacked in post-grant review or inter partes review....

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