Special Counsel Andrew Baluch states that the Leahy-Smith America Invents Act fundamentally changed the U.S. system by creating an adversarial system within the patent office, which may require patent owners to defend their patents against a number of invalidity arguments under short time limits . He adds that patent owners are likely to face an uphill struggle in post-grant review.
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Whether we like it or not, there’s always a chance a dispute will arise during the lifespan of an energy project, which may only accelerate following changes to federal energy tax credits that could significantly upend parties’ commercial assumptions.
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