Special Counsel Andrew Baluch was quoted in a September 13, 2013 Law360 article titled “5 Tips For Winning USPTO Review Under AIA.” The article discusses the institution of two new America Invents Act programs for challenging the validity of patents. Baluch was quoted saying, “It’s not enough to just say the patent would have been obvious without providing particular reasoning. We’ve seen some petitions denied because of conclusory arguments.” He also added, “These proceedings are being run far more like litigation than prosecution, but there are definite prosecution elements to them. It’s best to staff the case with a mix of lawyers that includes litigators and prosecutors.”
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