Chapter 2. Practical Considerations: Building Patent Trials into Your Litigation Strategy

• Author: Erika Harmon Arner and Joseph E. Palys
• Pages: 11-25

The Leahy-Smith America Invents Act (AIA) provides new tools for chal-

lenging the validity of a patent that may affect how a challenger and patent

owner approach their litigation strategies. A patent owner should con-

sider how these tools may be used to challenge its patent when forming

patent-assertion strategies. Likewise, a defendant (or potential defendant)

in a patent-infringement action should understand the options, require-

ments, and outcomes of the AIA tools to determine whether to challenge

an asserted patent at district court, the U.S. Patent and Trademark Ofce

(Ofce), or both. This chapter offers some considerations for building pat-

ent trials into a party’s litigation strategy.

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Chapter 2

Practical Considerations:

Building Patent Trials into

Your Litigation Strategy

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