McDonnell Boehnen Hulbert & Berghoff LLP partner Alison Baldwin and summer associate Aaron Gin co-authored an article entitled, “Inter Partes Review and Inter Partes Reexamination: More Than Just a Name Change” that appears in the February 2014 edition of Intellectual Property Today. Inter partes patent disputes have been changed remarkably by the new IPR provisions in the America Invents Act. Specifically, the new attributes of IPR include a panel of technically-trained judges, discovery, oral hearings, tight timeframes, and relatively low fees. These elements combine to make IPR an attractive route for parties hoping to mount patent challenges. The same factors could lead petitioners and patentees alike to forego or stay costly district court litigations in favor of speedier PTAB adjudications. Such PTAB rulings may prove determinative with regards to claim construction at the district court level and may lead to accelerated settlements. View the article (subscription required)
Note: this article originally appeared in the MBHB Fall 2013 edition of snippets publication.