The Odds Of Getting A Case Stayed Pending AIA Review

Law360, New York (November 5, 2014, 10:25 AM EST) -- Your client has just been sued for patent infringement. Of course, like everyone else, you immediately think to file a petition with the U.S. Patent and Trademark Office to review the patent under the America Invents Act, either as an inter partes review or a covered business method review, and move to stay the litigation. You tell your client that this is a terrific strategy as it will lower their litigation cost and give them a better chance to invalidate the asserted patents. But if the district court does not stay the litigation, the "cheaper" solution may end up costing your client more money as they have to litigate in district court and the PTO....

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