LexisNexis® Legal Newsroom
Patents Post-Grant: Preliminary Injunctions an Even Tougher Sell Post AIA?

AIA Post Grant Trial Mechanisms: Game Changers Currently, Patentees anticipating a motion to stay a parallel litigation pending patent reexamination will often pursue a preliminary injunction (PI) to bolster their argument that a stay would be prejudicial as between competitors. That is to say, the...

Patents Post-Grant: Enhanced Patent Reexamination Speed Coming Soon?

Reduction in Incoming Requests & InterPartes Workload to Free Up Resources Much attention has been given to the contested proceedings of the newly formed Patent Trial & Appeal Board (PTAB) since enactment of the America Invents Act (AIA) last fall. Starting in September of 2012, these new...

Patents Post-Grant: Settling Post Grant Patent Proceedings

Will Contesting Parties Embrace the New Post Grant Settlement Provision? One of the more intriguing provisions of the new post grant patent proceedings of the America Invents Act (AIA) is the ability to settle these patentability disputes by agreement. Unlike existing patent reexamination practices...

Patents Post-Grant: Declaratory Judgment & USPTO Business Method Patent Challenges

Initiating a USPTO Business Method Patent Challenge After Seeking Declaratory Judgement? One of the more interesting provisions of the America Invents Act (AIA) is the "transitional program" existing for the next 8 years for so-called business method patents . As described in Section 18...