Patent Holders Beware in America Invents Act Review Proceedings
The impact of the new post-grant review provisions of the America Invents Act (“AIA”) are beginning to be felt. The U.S. Patent and Trademark Office (“USPTO”) recently issued an opinion invalidating key claims of a patent in an AIA proceeding, despite entry of a settlement between the parties in which the accused infringer withdrew its claims of invalidity. The USPTO Board refused to terminate the proceeding due to its “advanced stage.” Patent owners should beware that the new post-grant review proceedings appear to be heavily favoring petitioners and should consider settlement early should one of their patents be accepted for review by the board.
For more information, please contact the Intellectual Property and Technology Group at Lane Powell: