Recently, the Federal Circuit has seen an influx of appeals from the U.S. Patent and Trademark Office (USPTO) as a result of proceedings under the America Invents Act (AIA). As the new, cost-effective AIA proceedings continue to gain popularity, the number of appeals will also increase, putting pressure on the Federal Circuit to figure out how to adapt and streamline its decision-making process. Law360 contacted Finnegan partner James R. Barney for his thoughts. He said, “For litigants who find themselves as defendants in district court, it’s an attractive way to challenge the validity of the patents. It’s a fast process, particularly compared to the old proceeding."
