How AIA trials have shifted the landscape for patent litigation

Lawyers' Forum

By Gilberto Espinoza

Gilberto E. Espinoza is a partner in Michael, Best & Friedrich LLP’s intellectual property practice group, where he practices intellectual property law with an emphasis on patent litigation at both the trial and appellate levels. Espinoza also has experience with litigation related to unfair competition, false advertising and trade secrets. Espinoza is involved in all phases of litigation and trial preparation, including preparing briefs and legal memoranda, conducting legal research, working with expert witnesses, taking depositions and handling discovery matters.

Posted June 8, 2015 2:44 PM

The America Invents Act created new administrative proceedings to challenge patents before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. These are inter partes review (IPR), covered business method review (CBM) and post-grant review (PGR) (collectively, AIA trials). AIA trials went into effect in September 2012.IPR petitions can be filed at any time, subject to statutory bars, and target any patent even if it has not been asserted in litigation. CBM petitions can be filed only after a person …

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