Fed. Circ. Gives AIA Petitioners New Ways To Attack Patents
Scott McKeown was featured in Law360's article regarding Federal Circuit Gives AIA Petitioners New Ways To Attack Patents.
The Federal Circuit ruled this week that companies challenging patents in America Invents Act reviews can present additional evidence of invalidity after a review is instituted, a decision attorneys say is a "game-changer" that will give challengers new opportunities to bolster their case.
It had never before been clear that evidence not included in the petition could be introduced later on, and many petitioners felt that they were "skating on thin ice" with the PTAB if they tried to do so, according to Scott McKeown of Oblon McClelland Maier & Neustadt LLP. The Federal Circuit's ruling is therefore "an AIA trial practice game-changer," he said.