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Hard Target: Who’s in Charge in Post-Grant Proceedings?

Eugene T. Perez and Kelly E. Rose for World Intellectual Property Review

The 2011 America Invents Act (AIA) has created multiple post-grant proceedings including post-grant review (PGR), inter partes review (IPR) (which replaced inter partes reexamination), PGR of business method patents, and supplemental examination (SE). Generally, these AIA post grant proceedings are intended to reduce the amount of litigation because filing a petition for PGR, IPR or PGR for business method patents requires an identification of all real parties in interest (RPIs), and subsequently filed civil actions can be stayed.

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