IP Ethics Atty Urges Justices To Take Up Standards Case

Law360 (January 5, 2021, 8:37 PM EST) -- The chairman of an American Bar Association ethics committee for intellectual property lawyers has urged the U.S. Supreme Court to take up the question of whether an invalidity issue should be reviewed under an abuse of discretion standard or a de novo one.

Michael E. McCabe Jr., who chairs the American Bar Association Section of Intellectual Property Law's ethics and professional responsibility committee, filed an amicus brief Monday in support of GS CleanTech Corp.'s petition for the high court's review of the Federal Circuit's decision affirming that its patents were invalid under the on-sale bar, which prohibits an invention from being patented...

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