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

From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
Gift this article