Post-Grant Review: Opportunities For Strategic Counsel
August 3, 2012, 1:37 PM EDT
Law360, New York (August 3, 2012, 1:37 PM EDT) -- On Sept. 16, the America Invents Act will provide new procedures for challenging issued patents in the U.S. Patent and Trademark Office. The new procedures, post-grant review and inter partes review, offer the opportunity for third parties to challenge the validity of patent claims in a streamlined, cost-effective alternative to district court litigation.
Deciding whether or not to seek to invalidate patent claims using a PGR or IPR proceeding will rest on several strategic considerations: the grounds for alleged invalidity, the burden of proof, timing, cost,...