Litigation Implications of the America Invents Act

Today, President Obama signed the America Invents Act, H.R. 1249, into law.  The patent reform legislation took many years to pass, and contains significant changes to the United States patent laws.  This post summarizes those that are most significant from a patent litigation perspective. Post grant review procedure (regulations within a year).  Within nine months after a patent issues, a third party may seek to cancel the patent’s claims.  The patent may be challenged under any of the defenses relating to invalidity in 35 U.S.C. § 282(b)(2), (3) (as amended).  The review petition must show it is “more likely than not”   Read More »

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