Inter Partes Review: Patent Litigation Strategy After the AIA

The key questions that were discussed throughout this program were:

• Under the AIA's inter partes review, who bears the burden of proof for demonstrating unpatentability?
• Under which sections of the Patent Act can challenges be brought to inter partes review?
• What are the timelines for filing petitions for inter partes review? What are the fees?
• What are the criteria for granting petitions for inter partes review?
• To what extent do Federal Rules of Evidence apply to inter partes review?
• How does the filing of Declaratory Judgment affect rights to pursue inter partes review?
• When is estoppel triggered in the context of inter partes review?
• How do discovery and Markman hearings in the context of inter partes review compare to traditional litigation?
• How do stays work with regard to inter partes review?
• How can failed patent challenges in inter partes review lead to a greater likelihood of the determination of willful infringement?
• To what extent do intervening rights exist for new claims incorporated into patents after inter partes review ?

Click here to learn more about this program.