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Intellectual Property

Dec. 25, 2015

Think twice before jumping into AIA review

Given their success rates, relative low cost, and willingness of district courts to stay infringement claims, AIA reviews have become a favored defense mechanism for accused patent infringers, but these reviews do not fit every situation. By Bryan Kohm

Bryan A. Kohm

Fenwick & West LLP

Phone: 415-875-2404

Email: bkohm@fenwick.com

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By Bryan Kohm

Through October 2015, more than 4,000 petitions for inter partes review, covered business method review, and post grant review (collectively, "AIA reviews") were filed with the Patent Trial and Appeal Board. Given their success rates, relative low cost, and willingness of district courts to stay claims of infringement, AIA reviews have become a favored defense mechanism for accused patent infringers. But AIA reviews do not fit every ...

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