CincyIP May Luncheon 

Post-Grant AIA Procedures and the Litigation Impact

The America Invents Act (H.R. 1249) promises to bring substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding (PGR), which will provide patent challengers expanded bases on which to attack patents.  Post-grant review, however, will only be available to challenge patents that issue under the AIA's new first-to-file regime. Of more immediate concern, the AIA also provides for a new inter partes review ("IPR") procedure that will be available to challenge any
enforceable patent, including those issued before enactment of the AIA.

Ryan Willis will discuss the basics of each of these new procedures.  He will also discuss litigation considerations, including when the use of these procedures in addition to or in place of litigation may be appropriate, and how the use of these procedures may affect a client’s choice to litigate following their use.