The ground beneath the America Invents Act (AIA) patent review system is moving – and both sides must adjust fast. Major changes to the AIA patent review system over the past year have put limits on challenges, requiring patent challengers and owners to rethink their strategies. How are lawyers on both sides calibrating their arguments to have the best chance of success in the new landscape?
McCarter partner Erik Paul Belt, who represents both patent owners and petitioners, spoke with Law360 about how he believes that for patent petitioners, “it’s not necessarily a bad thing that the standards have become a little tougher to meet.” “It still is probably worth it” for challengers to file petitions, Erik said, but “you have to take a look at the atmospherics,” like the state of the litigation and the age of the patent.