Senators Patrick Leahy (D-VT), John Cornyn (R-TX) and Thom Tillis (R-NC) today introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022, which is meant to tackle gamesmanship at the PTAB. In April, Senators Leahy and Tillis penned an op-ed that announced such a bill would be introduced “in the coming days”, but it never materialized. The bill makes a number of key changes to PTAB procedures, including explaining that “the right to appeal shall extend at least to any dissatisfied party that reasonably expects that another person will assert estoppel against the party under section 325(e) as a result of the decision.”
Litigation
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
- NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications
- A Guide to Disclosures in Delaware Patent Litigation in the Face of Pending Federal Circuit Review
- CAFC Expressly States Patentee Disclaimers During IPR are Not Binding on the PTAB’s Patentability Analysis
- Disruptive Startups Cannot Survive in a Post-AIA Patent Landscape
Recent Posts
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- Former Commerce, USPTO Heads Push for U.S. to Lead Opposition to Extending WTO’s COVID IP Waiver
- Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter
- Answering the Question, ‘What is the Conservative View of Patent Rights?’
- USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets