McKool Smith principal Nick Matich provided commentary to IAM’s article “A Decade On, PTAB Debate Still Dominates Discussion of the AIA’s Legacy,” discussing various issues and challenges with the Leahy-Smith America Invents Act (AIA). This year marks the 10 year anniversary of AIA, which was the most sweeping change to the US patent statute since the 1950s. Nick commented, “The rules made the proceedings one-sided to favor patent challengers. Parties had to litigate both in district courts and at the PTAB, which prolonged cases. Even if a patent owner won the PTAB case, they still had to go back to a court and keep fighting. “It often ends up increasing the cost of litigation,” says Matich. “Any time you have to pay lawyers to fight in two places, that is more expensive.” Click here for more information.


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