US Supreme Court Gives PTO Director Chance To Impact Outcome Of Patent Disputes
High court finds PTAB judges were unconstitutionally appointed; ruling is unlikely to benefit one party over another in inter partes review proceedings, attorneys say, but that could depend on the director. PTO is expected to provide guidance on how and when to request review of Patent Trial and Appeal Board decisions.
You may also be interested in...
Agency asks stakeholders to weigh in on the process for director review of decisions by the Patent Trial and Appeal Board. PTO questions whether review should be limited to final written decisions and if the precedential opinion process should remain in effect.
Parallel district court litigation would no longer be factor in deciding whether to institute PTAB review of patents under Senate bill. BIO favors PTO discretion, would like claim amendments to be addressed.
Supreme Court nominee issued three decisions on Hatch-Waxman regime as district court judge, including case in which she ruled against the FDA’s denial of orphan drug designation and another in which she deferred to the agency’s view on exclusivity. Her analysis of facts may play a role if the court takes up a case on administrative agency deference.