Press Release September 30, 2013

Goodwin Procter Sheds Light on New Patent Litigation Proceedings

Goodwin Procter, a national Am Law 50 firm, today announced  the release of PTAB Post Grant Proceedings: A Tactical Guide for Practitioners, a definitive guide for patent holders and practitioners engaging in new trial proceedings under the America Invents Act (“AIA”). Visitors can view the table of contents for PTAB Post Grant Proceedings: A Tactical Guide for Practitioners and request a copy of the guide online.  

The 2012 Act, which provides four new procedures to challenge the validity of patents, has markedly shifted the landscape of patent litigation, setting the Patent Trial & Appeal Board (“Board”) as an uncharted front in a series of prominent patent disputes. With more than 540 petitions filed with the Board this year, companies including Apple, Google, Oracle and Microsoft will face untested procedures implemented under AIA’s provisions.

“Implementation of the America Invents Act marks a profound shift in America’s treatment of intellectual property, and the Patent Trial & Appeal Board will be the site of much of this change,” said Douglas Kline, partner and chairman of Goodwin Procter’s Intellectual Property Litigation Practice. “Cases heard before the Board over the coming months will likely prove a bellwether, and understanding likely outcomes has been a top concern of many of our clients.”

The guide provides an overview of post-grant tactics likely to prevail under AIA, explores likely trial and pre-trial results under evolving courtroom procedures (among them Inter Partes Review, the Transitional Program for Covered Business Method Patents, and Post-Grant Review) and provides statistical breakdowns based on all petitions made to PTAB under AIA this year. It also provides practical advice to those looking to move claims through the court, and to patent holders looking to defend their most vital intellectual property.

The study is published by Goodwin Procter’s Intellectual Property Litigation Practice, ranked by IP Law and Business as one of the nation’s most active. Goodwin’s 150 IP attorneys and scientists have worked extensively with clients to secure preliminary injunctions, declaratory and summary judgments, favorable results in Markman proceedings, advantageous settlements and appellate relief. Goodwin attorneys routinely work with clients to take cases from pre-suit investigations through discovery proceedings and trials.