Association of Corporate Counsel

Authors: Gerard M. Donovan Paul R. Gupta

The America Invents Act (AIA) has given defendants in patent cases new weapons that can be particularly effective for battling vexatious trolls. The AIA created new trial-like proceedings—Inter Partes Review (IPR), Covered Business Method Review (CBM), and Post-Grant Review (PGR)—in which to challenge the validity of patents before the Patent Trial and Appeal Board (PTAB). The popularity of these “AIA trials” is undeniable; more than 3,500 petitions to institute AIA trials have been filed since the proceedings launched September 16, 2012.

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