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Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums

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The America Invents Act (“AIA”), signed into law in 2011, introduced inter partes review (“IPR”), which allows parties to challenge the validity of patent claims in proceedings before the Patent Trial and Appeal Board...more

Mintz - Intellectual Property Viewpoints

Federal Circuit: Go whole-hog on validity below if you want to contest an independent determination of invalidity on appeal

Mintz - Intellectual Property Viewpoints on

Think you’ve won on validity at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and your claims are safe on appeal? “Not so fast,” says the Federal Circuit in Software Rights Archive, LLC v....more

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