Yasser El-Gamal and Ehab Samuel, Dickstein Shapiro
The AIA has called for a new trial proceeding at the Patent Office to allow any party to challenge the validity of a granted patent. This presentation examines the new proceeding and the associated lower burden of proof for invalidating a patent under the new guidelines. It will also provide tips to common pitfalls, wrong assumptions, and mistakes made by practitioners during this period. Finally, it will include a detailed empirical analysis of all inter partes review opinions to date.