The Surprising Breadth of Post-Grant Review for Covered-Business-Method Patents: A New Way to Challenge Patent Claims

Companies and innovators sued for patent infringement over software, Internet, or business-method patents have a new means for resolution. Finnegan partners P. Andrew Riley and Jeffrey C. Totten, and attorney Jonathan R.K. Stroud wrote an article on recently enacted post-grant review procedures at the U.S. Patent and Trademark Office. Created by the America Invents Act and implemented September 16, 2012, the proceedings offer a forum for parties to quickly resolve software disputes, compared to the rigors of a full trial. The authors note that, “While there are never easy answers, these reviews enable many parties not only to lower costs but also to protect their own often-nascent software innovations from predatory suit.”