Supreme Court Upholds IPR Standard Making Patent Invalidation Easier; Will Congress Reverse?
This article was originally published in The Pink Sheet Daily
High court says inconsistent decisions by Patent Trial and Appeal Board and district court are okay; House and Senate bills would eliminate the broad standard but opposition by tech community could doom passage.
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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 office may issue guidance on how PTAB will consider prior claim constructions; actions on other procedures may be coming in the 'near future.'
BIO and PhRMA want PTAB to give district courts deference in construing patent claims; Rep. Lofgren is concerned PTAB will be prohibited from doing its own claim construction and Mylan cites potential for inconsistencies within PTO.