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ARTICLE · 18 AUGUST 2014

Update: Three Litigation Alternatives For Potential Defendants Under The America Invents Act

Stroock & Stroock & Lavan LLP
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The Leahy-Smith America Invents Act (the "AIA"), provides three types of third party challenges: Post Grant Review, Inter Partes Review including Covered Business Method Patent Inter Partes Review, and Preissuance Submissions. Companies should familiarize themselves with the potential benefits of these three types of litigation alternatives, which in some cases, may enable them to avoid litigation completely.

United StatesIntellectual Property
Irah Donner
Irah Donner
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The Leahy-Smith America Invents Act (the "AIA"),1 provides three types of third party challenges: Post Grant Review,2 Inter Partes Review including Covered Business Method Patent Inter Partes Review,3 and Preissuance Submissions.4 Companies should familiarize themselves with the potential benefits of these three types of litigation alternatives, which in some cases, may enable them to avoid litigation completely.

This Stroock Special Bulletin provides statistics, where available, with regard to these three litigation alternatives.

Overall, the Patent Office has released the following statistics on the technology breakdown for Inter Partes Review including Covered Business Method Inter Partes Review:

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