J&J, 3M Urge Congress To Back PTAB Discretionary Denials

Law360 (October 26, 2020, 9:56 PM EDT) -- Johnson & Johnson, 3M and others penned a letter to Congress on Monday praising the Patent Trial and Appeal Board's practice of using its discretion to deny patent reviews due to parallel infringement litigation, weeks after companies including Google and GM decried the board's precedent.

In Monday's letter to the leaders of the U.S. Senate and House judiciary committees, J&J, 3M and others said that both the America Invents Act and "common sense" make clear that the U.S. Patent and Trademark Office director can use his discretion to decide whether it is fair to institute reviews when a trial is looming...

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