February 5, 2015
Fitch Even partner Timothy R. Baumann was quoted in an article published online in today’s edition of Law360. The article, "Fed. Circ. Signoff on PTAB Rules Boosts Patent Challengers," reports that yesterday the Federal Circuit upheld the Patent Trial and Appeal Board’s policies for America Invents Act (AIA) reviews, the first-ever decision in an appeal of an AIA review ruling.
The article notes that post-AIA review proceedings have become “an extremely popular way to challenge the validity of patents, with over 2,700 petitions filed to date and over 200 final decisions, the majority of which have invalidated some or all of the challenged claims.” In his comments, Tim points out that those numbers will grow with yesterday’s decision, which “further strengthens the hand of those who want to attack patents.” He goes on to say that although the ruling was not a great surprise, since the AIA states that institution decisions are “final and nonappealable,”. . . “the decision does add some heft and some weight to the IPR process. It validates that this is a process that is not going to be cut short and has some staying power."
The IP360 article appears in its entirety here (sub. req.).
More information on this decision will be provided in an upcoming Fitch Even IP Alert.