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Now Arriving: New Wave Of Patent Validity Challenges

By Clifton McCann posted 09-25-2014 03:38 PM

  
For those who may not have noticed ... a new, less expensive, and more efficient type of proceeding for challenging questionable patents is now coming on-line at the US Patent and Trademark Office.  The first request for institution of the new proceeding, called Post Grant Review, was filed August 4.  Unlike prior USPTO proceedings that have riled the patent litigation landscape since 2012, PGR proceedings allow for the challenge of patents in any industry (not just banking and finance-related industries) based on any invalidity grounds that could have been raised in a federal district court.  PGRs will play an increasingly important role in invalidating unwarranted patents to make room for competition in new products and markets.  This article provides additional details for anyone interested:  http://www.thompsonhine.com/uploads/1137/doc/Law360_Article_-_McCann_-_PGR.pdf
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