The first post-grant review proceeding requested after the procedure was created by the America Invents Act has been settled by the parties. The patent at issue, covering methods used to make bracelets and specifically a plastic “Rainbow Loom” bracelet, was alleged to be defective because of inadequate written description.
The post-grant review procedure available under the AIA has been somewhat disfavored, in large part because of the statutory estoppel provisions attached to AIA procedures. Unlike inter partes review, which only allows novelty and non-obviousness challenges to a patent, post-grant review allows a petitioner to raise almost any challenge to a patent. Because AIA statutory estoppel prevents petitioners from later raising at trial any grounds that were “raised or reasonably could have been raised” in an AIA proceeding, a petitioner that challenges a patent in post-grant review may be limited at trial.
source: Maier & Maier, PLLC
345 South Patrick Street
Alexandria, VA 22314
www.maierandmaier.com
