Choosing the Best Post-Grant Proceeding for Your Case

If deciding to pursue a post-grant review in the patent defense process, selecting a proceeding that best suits the patent claim is a key strategic consideration. In an article published in Law360, Faegre Baker Daniels partner Tim Grimsrud and associate Linzey Erickson specify the types of patents and technologies that are applicable to each of the three post-grant proceedings created by the America Invents Act: post-grant review (PGR), inter partes review (IPR) and covered business method review (CBM). The authors also assess the advantages and disadvantages of each type of proceeding.