Law360, New York ( March 10, 2016, 10:39 AM EST) -- The implementation of the Leahy-Smith America Invents Act 35 U.S.C. §§ 321 and 18 has resulted in a significant increase in the filing of petitions challenging patent validity. When compared to district court litigation, post-grant proceedings provide a more predictable and cost-effective alternative for challenging issued patents. Post-grant proceedings include the following: inter partes review, covered business method and post-grant review. This article will focus on the impact of recent case law on CBMs and lessons learned through the petitions....
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