The Narrow Potential for the America Invents Act’s New Inter Partes Review

One of the key provisions of the America Invents Act (“AIA”) that patent defendants will look to for litigation relief is the soon-to-be-implemented inter partes review (“IPR”) at the USPTO. Of course, it is difficult to evaluate the IPR’s value without the final rules governing the IPR, and without having any guidance from parties’ use of the new procedure. But as the IPR effective date - September 16, 2012 - approaches, the USPTO has promulgated proposed rules that allow at least initial evaluation of IPR as a litigation alternative.