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The article explores the impact of the intersection of Federal District Court and the U.S. Patent and Trademark Office (PTO) rules and obligations on a patent attorney who is simultaneously engaged in patent litigation and PTO hearings. Litigation elements affected by an attorney's dual-proceeding representation includes appearance in both hearings and attorney-client privilege. The author encourages patent attorneys in dual-proceedings to increase their awareness of various professional codes.

The article discusses the role of inter partes reviews (IPR), in the implementation of Leahy-Smith America Invents Act (AIA) which aims to improve patent quality along with limiting counterproductive and unnecessary litigation costs. Topics discussed include status of the district court litigation in relation to the progression of a litigation action, simplification of the issue for the trial by IPR, and undue prejudice or a clear tactical advantage in case of filing the IPR petition.