Patent Office Litigation
The recent passage of the Leahy-Smith America Invents Act (AIA) has shifted the battleground of certain patent challenges from district court to the USPTO by creating new, more powerful, fast-track, litigation-like review proceedings, including post-grant review, inter partes review, and the transitional program for covered business method patents. This course will cover practical aspects of how patent office litigation proceedings are used on their own and in conjunction with district court litigation to achieve client aims. The course also explores the interface between the proceedings and the district courts, the USITC, and the Federal Circuit, presents hypothetical scenarios addressing situations that are expected to occur, and provides an overview of comparable proceedings in selected countries to provide students with an international perspective. The course will involve lecture with frequent opportunities for student input and consideration of how to counsel clients on available patent office litigation options and limitations. Practical strategies and a working case study for analysis will be used. Patent Law I and Patent Law II are prerequisites for this course.