In Part I of this article, I recalled the early years of the U.S. Court of Appeals for the Federal Circuit, when the court was working well, and how it all went wrong. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy. I close on a positive note, detailing the current legislative efforts that, if enacted, will restore balance in the U.S. patent system, which is necessary for continued innovation leadership, economic success, and national security.
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