Congress Last Resort On IPRs After Supreme Court Backs Patent Board
Executive Summary
Biopharmaceutical industry lobbying efforts are expected to jump into overdrive on Capitol Hill to get Congress to ban the use of the broadest reasonable interpretation by the US Patent & Trademark Office Patent Trial and Appeal Board after the Supreme Court backed the standard for conducting inter partes reviews – trial proceedings created five years ago to be a faster and more affordable alternative to challenging patents in the courts.
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Supreme Court Outcome Unlikely To Dent IPR Popularity
The impact of an expected Supreme Court ruling to the US Patent & Trademark Office's Patent Trial and Appeal Board and its inter partes review process – proceedings intended to be faster and more affordable alternatives to challenging patents, versus pursuing litigation through the US court system – may not be as significant as the biopharmaceutical industry has been fretting over. The court heard oral arguments in the case, known as Cuozzo Speed v. Michelle Lee, on April 25. A decision is expected by the end of June.