Lessons from 2 Years of AIA Post-Grant Proceedings

September 30, 2014 Published Work
Law360, New York

This is the final part of our review article looking at the developments in the 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. Part 1 focused on statistics and trends. This part provides our thoughts on tips and strategies for those contemplating filing or involved in inter partes review proceedings.[1]

Tips and Strategies
With a growing body of IPR decisions to draw from, there are a number of tips and strategies for petitioners to keep in mind when proceeding with an IPR.

[1] Most of the tips and strategies apply likewise to the new covered business method review and post-grant review proceedings. For convenience, we focus on IPR since these are the current predominant proceeding.