Justices Skip Retroactive IPRs, Doctrine Of Equivalents

Law360 (June 22, 2020, 5:47 PM EDT) -- The U.S. Supreme Court on Monday rejected three petitions arguing that patents issued before the America Invents Act are not subject to inter partes review, and another on when patent infringement can be found under the doctrine of equivalents.

The justices' rejection of appeals in cases known as Collabo v. Sony, Celgene v. Peter and Enzo v. Becton Dickinson leaves rulings in place that permitted older patents to face the challenge created by the AIA. Their rejection of CJ CheilJedang v. International Trade Commission marks the third time this month that the court has turned away a petition over the same...

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