In what way do the new post-grant proceedings authorized under the America Invents Act provide an alternative to patent litigation in federal courts?

What will be an ideal response?


These trial proceedings at the PTAB provide an alternative to litigation in courtin that although the PTAB cannot decide issues of infringement, it can determine that patents and their claims are unpatentable (or confirm claims). A determination that a claim is valid (or, conversely, that it is unpatentable) may give the parties some impetus to settle their dispute inasmuch as the determination constitutes another full review of the patent and its validity. All three proceedings (post-grant review, inter partes review, and covered business method patent review) are concluded within 12 months and occur before highly experienced and patent-savvy PTAB judges. As a result, they have become highly popular venues to resolve patent disputes.

Legal Studies & Paralegal

You might also like to view...

A case brief is a ________ of a reported case

Fill in the blank(s) with correct word

Legal Studies & Paralegal

Unsecured creditors fall into two categories: ________ and ________

Fill in the blank(s) with correct word

Legal Studies & Paralegal

A poorly drafted complaint can cause dismissal of the suit.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal

The legal document that limits the number of units to be built in a condominium project, along with permitted architectural styles and types of landscaping, is the:

a. Declaration b. Master Deed c. CC&Rs d. Master plan

Legal Studies & Paralegal