The PTAB is now the third most active patent litigation forum in the United States, behind only the U.S. District Courts for the Eastern District of Texas and Delaware. At the time the America Invents Act was signed into law, many predicted that the new post-grant challenges that it created – Inter Partes Review, Covered Business Methods, and Post-Grant Review – would significantly alter U.S. patent practice. Few foresaw just how dramatic this impact would turn out to be. Incredibly, these new post-grant challenges are now instituted so frequently that the PTAB has become one of the most popular forums for patent validity litigation within the United States.
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