• America Invents Act of 2011: Major Changes in the Law That Will Affect Patent Litigation Strategies
  • October 14, 2011 | Authors: Lars H. Genieser; Clifton E. McCann
  • Law Firm: Venable LLP - Washington Office
  • Patent litigation can be analogized to a game of chess. In chess each player has six distinct pieces - the king, queen, rook, bishop, knight, and pawn - each with its own strengths and weaknesses. In patent litigation, parties similarly have distinct “pieces,” such as civil litigation, reexamination in the U.S. Patent and Trademark Office (“PTO”), and International Trade Commission proceedings. The Leahy-Smith America Invents Act (“AIA”) adds new options in a way that would be roughly analogous to adding new pieces to a chess board, the new pieces including such procedures as post-grant review, derivation proceedings, and supplemental examination. As might be expected, the options for effective new strategies multiply exponentially with the addition of each piece.