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Patent Holders Beware in America Invents Act Review Proceedings



by Lane Powell PC - Seattle Office

February 24, 2014

Previously published on February 18, 2014

The impact of the new post-grant review provisions of the America Invents Act (“AIA”) are beginning to be felt. The U.S. Patent and Trademark Office (“USPTO”) recently issued an opinion invalidating key claims of a patent in an AIA proceeding, despite entry of a settlement between the parties in which the accused infringer withdrew its claims of invalidity. The USPTO Board refused to terminate the proceeding due to its “advanced stage.” Patent owners should beware that the new post-grant review proceedings appear to be heavily favoring petitioners and should consider settlement early should one of their patents be accepted for review by the board.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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