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With an increase in patent reviews (aka, "validity reviews") being received by the U.S. Patent and Trade Office (USPTO) under post-grant procedures established under the 2011 and 2012 versions of the America Invents Act (AIA), both sides in patent litigation cases may be helped --- but in particular defendants in patent infringement matters.
Typically relying on expert witness declarations in actions with the USPTO's Patent Review Board (PRB), the significant increase in these patent "validity reviews" could be caused by a desire on the part of the courts to help "level the playing field" between patent owners and challengers, and reduce the incidence of frivolous lawsuits.
The perception by many that these "validity reviews" help level the litigation playing field for parties named in infringement cases is that these reviews weaken the ability of plaintiffs to merely rely on the high costs associated with patent litigation to leverage large settlements from accused infringers early on in cases [reference: Greg Leighton, Esq., Neal Gerber & Eisenberg].
In sum, it appears that this new trend of increased AIA "validity reviews" affords litigating parties the potential for avoiding the time-consuming and typically costly litigation associated with traditional cases alleging infringement [reference, Stephen Gray, technology expert witness].
[http://trexpertwitness.com/litigation-news/america-invents-act]
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