As an alternative to litigating in federal court, the America Invents Act (AIA) vests the U.S. Patent Trial and Appeal Board (PTAB) with power to conduct post-grant proceedings in which accused infringers can challenge a patent’s validity in a trial-like procedure at the U.S. Patent and Trademark Office. Considered a quicker and more economical route, post-grant proceedings have dramatically altered the U.S. patent litigation landscape in the last two years.
Currently, the PTAB stands as the second most popular forum for patent disputes, behind only the Eastern District of Texas, according to the Patent Public Advisory Committee annual report. The number of post-grant proceedings filed in the PTAB nearly tripled from 564 in 2013 to 1,494 in 2014. Over the same time period, the number of federal court patent complaints filed in other primary patent jurisdictions remained relatively static.
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