Impact of the AIA on Patent Litigation: Changes that May Affect Your Choice of Forum

Vol. 4 No. 5

By

Carl Charneski is Of Counsel to Brinks Hofer Gilson & Lione. He is a former U.S. International Trade Commission administrative law judge and his practice focuses primarily upon ITC matters. He can be reached at ccharneski@brinkshofer.com.

The passage of the America Invents Act (AIA)1 has opened up a new frontier for those who like to predict things. How will this new legislation change intellectual property law and practice? For those with the time and inclination to speculate as to the future impact of new legislation, the new AIA offers an opportunity of “mother lode” proportions.

This article will discuss the AIA’s impact upon the forum choices for an owner of a U.S. patent intent on instituting an action for patent infringement. The forum choices discussed here are district court and the United States International Trade Commission (USITC). These forum choices certainly existed before the enactment of the AIA. The question now is whether the AIA changes the dynamics in a patent infringement action in either forum, such that it might impact a patent owner’s decision on where to institute the patent infringement action.

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