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.
IPR was initially a success in providing a more efficient alternative to litigation, so that disputes over patents could be resolved quickly and cheaply without patents being tied up for years in expensive litigation.
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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!