Edward R. Reines, Weil, Gotshal & Manges LLP; Hon. James Donald Smith, chief administrative patent judge, United States Patent and Trademark Office, Board of Patent Appeals and Interferences (BPAI)
Patent reexamination remains a viable alternative to costly litigation or parallel path to enhance litigation positions. Yet due to the public outcry for even more robust USPTO post issuance proceedings, the America Invents Act (AIA) introduced entirely new options such as Post-Grant Review, Inter Partes Review (which replaced inter partes patent reexamination), Derivation Proceedings, and a special post-grant review for Covered Business Method patents. Going forward into 2013, it is anticipated that the USPTO will become an even more prominent battleground for patent disputes.