An Alternative Attack In Inter Partes Review

Law360, New York ( October 29, 2014, 10:14 AM EDT) -- The America Invents Act passed in 2011, was the most significant change to U.S. patent law in almost 60 years. The new validity challenges within the PTO have been widely used and are effective vehicles for challenging patent validity. The AIA created two new proceedings to challenge patent validity in the PTO: inter partes review and post-grant review. Both of these proceedings have their own rules and procedures and proceed before the Patent Trial and Appeal Board, with an appeal directly to the Federal Circuit....

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