Since taking effect in September 2012, the Leahy–
Smith America Invents Act (AIA) has revolutionized
patent litigation, largely through its creation of postgrant
trials at the U.S. Patent and Trademark Office.
These trials provide a quick path for the Patent Trial
and Appeal Board (PTAB) to review the patentability of
issued claims. Typically carried out over 12 months,
they require fast-paced scrutiny governed by a complex
framework of statutes, rules, and other guidance. Counsel
should be particularly aware of this framework in
the context of depositions, which play a key role in
post-grant trials before the PTAB.