Media Coverage
Source: Daily Journal
Media Coverage
04.17.13
The America Invents Act (AIA) has introduced a new system to challenge patents in the U.S. Patent and Trademark Office.
Under the old system, known as inter partes reexamination, claims were cancelled or modified in nearly 90% of the cases. Attorneys were also able to use it to stay parallel district court proceedings. However, the new process, known as inter partes review, forces a shorter proceeding and requires defendants to file a petition at the patent office within one year of being sued.
Patrick Doody, an IP partner in Pillsbury’s Northern Virginia office, said he was optimistic about the new process. “That's why you're going to have a greater chance of having a stay granted, because you can't wait four years, which people were doing, and then filing an inter partes reexamination.”
While, most legal observers are reluctant to opine on whether the new process is tougher for petitioners trying to defend patent lawsuits by challenging them at the patent office, Doody guessed that it will be. “We won't know until the boards ultimately render their decisions. If it's a coin toss, then I don't think you're going to see it used that much. Take your chances in district court.”