Can Government Petition PTAB To Review Patents? Supreme Court Seems Skeptical
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.
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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.
In 6-3 decision, court holds government is not a "person" capable of instituting patent challenges under America Invents Act proceedings.
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.