One of Congress's goals in enacting the America Invents Act ("AIA") was to reduce the high cost of litigation involving patents that are invalid. In furtherance of this goal, Congress established inter partes review ("IPR") and covered business method patent review ("CBM review") to provide an alternative to district court litigation. The AIA's text and legislative history reflects an expectation in Congress that, under appropriate circumstances, concurrently pending district court litigation will be stayed while IPR or CBM review is performed by the Patent Trial and Appeal Board (the "Board").
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Originally published in Intellectual Property Today's October 2014 issue.
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