Steve Hemminger, partner in the firm’s Intellectual Property Litigation Group and partner-in-charge of the firm’s Silicon Valley office, was quoted in Law360 discussing how the U.S. Patent and Trademark Office received 535 petitions challenging patents under two new America Invents Act (AIA) programs in the past year, which made the office the nation’s third-busiest patent venue.
"People believe this will be a way to quickly and less expensively resolve the patent infringement cloud that may be hanging over them," Hemminger said.
“Before the programs began last year, accused infringers had few options for challenging a patent short of filing a declaratory judgment action, which could take years to resolve,” he said. “Under the AIA, the board must complete the new proceedings within 12 months of instituting a review.”
“The board decides within six months of receiving a petition whether to hold a trial to review the challenged patents, and even though that's not a final ruling, it can relieve a lot of stress in the marketplace for accused infringers,” Hemminger said.
"This is a very inexpensive and useful tool that all clients are looking at, from startups right up through billion-dollar companies.”