Fed. Circ. Gives AIA Petitioners New Ways To Attack Patents

By Ryan Davis

Law360, New York (June 16, 2016, 10:52 PM ET) -- The Federal Circuit ruled this week that companies challenging patents in America Invents Act reviews can present additional evidence of invalidity after a review is instituted, a decision attorneys say is a "game-changer" that will give challengers new opportunities to bolster their case.

In a decision Tuesday, the Federal Circuit rejected Genzyme Corp.'s argument that two Patent Trial and Appeal Board final decisions invalidating its patents violated the Administrative Procedure Act because the board relied on facts and arguments that were not set forth in the decision...