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As anyone who has ever been involved in a patent litigation understands, the costs can be considerably high. The average cost for litigating a patent case to judgment is estimated at approximately $2.7 million. (Report on the Economic Survey, AIPLA, 2011.) Typically, district courts have been the preferred jurisdiction for challenging patents. That may change with implementation of certain provisions in the America Invents Act, on Sept. 16, which establishes administrative procedures for blocking patent applications or invalidating patent claims at the United States Patent and Trademark Office (PTO).

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