Law360, New York ( April 28, 2016, 10:41 AM EDT) -- In the wake of the Sept. 16, 2011, enactment of the America Invents Act, many third-party individuals and organizations began utilizing the newly created post-grant proceedings to challenge the validity of issued patents. In particular, petitioners began filing post-grant reviews and covered business method challenges — both newly created by the AIA — as well as inter partes reviews, the effective post-AIA replacement of inter partes re-examinations, at rates that greatly exceeded expectations. While these newly established post-grant proceedings have enjoyed immense popularity over the last few years, one often-overlooked option remains a viable, and often more desirable, candidate for third-party challenges to issued patents: ex parte re-examinations....