USPTO Abuse Of Discretionary IPR Denials Must Be Cabined

Law360 (September 10, 2020, 2:25 PM EDT) -- Congress passed the America Invents Act in 2011, establishing inter partes review to allow the U.S. Patent and Trademark Office to cancel patents that were invalid and should not have been granted.[1]

IPR was initially a success in providing a more efficient alternative to litigation,[2] so that disputes over patents could be resolved quickly and cheaply without patents being tied up for years in expensive litigation.[3]

In recent years, however, the USPTO has embarked on a concerted effort to limit the availability of IPR by asserting absolute discretion under Section 314(a) of the Patent Act to impose restrictions on IPR that...

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