Trends From 2 Years Of AIA Post-Grant Proceedings

Law360, New York (September 29, 2014, 10:06 AM EDT) -- It has now been two years since the America Invents Act created new procedures for third parties to challenge the validity of issued patents in a contested validity trial in the U.S. Patent and Trademark Office before its Patent Trial and Appeal Board. Specifically, on Sept. 15, 2012, the AIA replaced inter partes re-examinations with a set of new proceedings —-- inter partes review, covered business method patent review and post-grant review. The second year conclusively demonstrated that these post-grant validity trial procedures have radically changed the patent litigation landscape. Such challenges have become ubiquitous and quite successful.

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