The Future of ANDA Litigation under the America Invents Act– Will the Balance Shift to Favor Generics?

by Ken Burchfiel • November 6, 2011 • Featured, Inequitable conduct, Inter partes review, Paragraph IV, Post-grant review, Supplemental Examination

The newly enacted America Invents Act will result in the most radical changes to U.S. patent law in 60 years, replacing historic novelty standards with a worldwide absolute novelty requirement, subject only to an illusory “grace” period. The new statute will arm patent challengers with potent new weapons, both by greatly expanding prior art applicable [...]

by Ken Burchfiel • November 5, 2011 • Derivation, Featured, Inter partes review, Interference, Post-grant review, Supplemental Examination

The 2011 America Invents Act radically revises the U.S. system of post-grant patent review, by providing 4 new post-grant opposition proceedings in addition to existing ex parte reexamination. The strategic use of interrelated post-grant proceedings will provide complex and rapid avenues for challenging the validity of important U.S. patents, and create a specialist bar of [...]