Post-Grant Review: Opportunities For Strategic Counsel

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,...
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