Retired US judges slam AIA

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Retired US judges slam AIA

Three retired senior judges have criticised the America Invents Act as a recipe for more litigation and greater confusion about the way the patent system works

The three headlined yesterday’s AIPLA Annual Meeting session, “Patent Litigation Under the AIA.” The session was so packed that the roughly 1,000 attendees overflowed into the hallways surrounding the room.

The panel included former Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel, former Administrative Patent Law Judge on the USPTO’s Board of Patent Appeals and Interferences, Judge Nancy Linck, and Judge Joseph Farnan, who retired from the U.S. District Court for the District of Delaware.

All three judges were frank in their criticism of the America Invents Act, which Farnan said includes “eye wash, feel-good” remedies for the courts. “This Act is a lot about reining in certain types of patentees, but it doesn’t take a broad brush to reforming the system,” said Farnan. “In district courts, it’s going to be a lot more litigation and confusion,” he added.

Linck questioned why the U.S. decided to adopt a post grant opposition system, which has been an aspect of the systems of many other countries. Although in favor of harmonization, Linck asked: “Why does the U.S. want to pattern its system after other countries when ours is the strongest patent system in the world? Other countries should be lining up with us.”

Michel blamed Congress for the failures of the AIA. He said that while there are some positive provisions in the Act, the bad outweighs the good. He was particularly critical of the post grant review system. “The idea that we can all be confident these proceedings will be done within a year’s time is an illusion,” said Michel. He said that the AIA is “another example of over-intervention by Congress.”

The Federal Circuit’s current Chief Judge, Randall Rader, has expressed concerns about the potential effects of increased volume of cases in light of the AIA on his court as well, particularly since there are currently two vacancies.

Download the AIPLA Daily Report, published by Managing IP from Washington, DC from our conference newspapers page.

more from across site and SHARED ros bottom lb

More from across our site

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article