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How The America Invents Act Has Hurt SMEs

Mintz Member and Intellectual Property Chair Michael T. Renaud, Member Jonathan J. Engler and Associate Jessica Perry co-authored an article published by IAM exploring how the America Invents Act has driven small businesses out of US district courts. The authors summarized, "A deep dive into the data uncovered no evidence that the America Invents Act has made it easier for SMEs to prevent others from infringing... Instead, these entities have largely been unable to obtain relief in US district court cases filed since 2012, making the ITC the only safe harbor for smaller litigants."