Since their inception in 2012, more than 9,600 AIA trials have been filed. The Federal Circuit has decided over 420 appeals stemming from Patent Trial and Appeal Board (PTAB) AIA trial decisions. The Supreme Court has also considered several AIA trial practices. The growth of this niche area of practice stems from the appeal of parallel litigations before both federal district courts and the PTAB, which allow the PTAB to consider invalidity issues. It is common practice for defendants accused of patent infringement to also pursue validity challenges before the PTAB.
In this article, Finnegan attorney Kara Specht discusses how recent changes in case law and rules related to America Invents Act trial proceedings require approaching trial strategy in new ways. Read the full article here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
