Can Government Petition PTAB To Review Patents? Supreme Court Seems Skeptical
Executive Summary
Justice Sotoymayor suggests 'the deck is stacked' against private citizen who is dragged by government into AIA's post-grant review proceedings. Court denies petition seeking to revive Maryland's anti-price gouging law.
You may also be interested in...
US Supreme Court Seems Poised To Allow Patent Holders More Judicial Review Options
In case that could impact challenges of biopharma patents, Supreme Court questioned the consequences of not allowing courts to review PTAB institution decisions when petition may be time barred.
Patent Owners Have One Less Adversary As Supreme Court Bars Government From Filing IPR Petitions
In 6-3 decision, court holds government is not a "person" capable of instituting patent challenges under America Invents Act proceedings.
US Supreme Court Declines Review Of False Claims Act, PCSK9, Hep C Patents
Gilead disputed Campie FCA decision, Amgen challenged Repatha ruling, and Merck challenged "unclean hands" defense against damages. Patent and Trademark Office wants court to determine if its attorneys' fees should be covered by patent applicants challenging its decisions.