Sens. Back PTAB Denial Rules, Drug Pricing Activists Balk

Law360 (December 4, 2020, 10:59 PM EST) -- The depth of the rift over whether the U.S. Patent and Trademark Office should be denying patent challenges for reasons other than merit came fully to light, as 800 comments over codifying the practice poured in by the Thursday deadline.

Senate Judiciary Committee members and small businesses and inventors were pitted against finance organizations, generic-drug advocates and tech companies over whether the USPTO should create rules regarding its abilities to deny America Invents Act review petitions based on discretionary factors. Namely, that discretion would be used to deny serial petitions and petitions in cases where parallel district court litigation is at...

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