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Attorney General's Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents

Author: Thomas J. Engellenner

9/19/2018

Read the full post at Post-Grant Counsel

Attorney General's Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents

The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes review (IPR) procedure. In two recent appeals of IPR decisions, Genentech has challenged the constitutionality of IPR proceedings when applied to patents that were already issued as of the date that the AIA was enacted.

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