The patent review proceedings created by the America Invents Act have presented a golden opportunity for accused infringers to invalidate patents, but they involve a tremendous amount of work. Here, attorneys who have successfully navigated these trials by fire and knocked out patents in the new proceedings share what attorneys need to know to make an airtight case.
Kia Freeman, a partner of McCarter & English said, “The board is a really impressive judicial body, and I’ve been very impressed with the decisions I’ve read. But they don’t take kindly to a scattershot approach. They want you to explain why the patent is invalid and have evidence for every point you need to make to prove your case.”