“This is the Supreme Court’s first opportunity to address the conduct of PTAB Trials under the America Invents Act, and the Court’s opinion suggests that it believes the PTAB is on the right track,” said Eliot Williams, partner in the firm’s Intellectual Property practice of the San Francisco and Palo Alto office. “Today the justices held that the PTAB’s decisions regarding whether to institute Inter Partes Reviews are typically not appealable; even so, the Court left the door open to some challenges to those decisions, such as when a ‘constitutional question’ is at issue.”
On June 20, 2016, the Court ruled 6-2 Monday to uphold the legal standard used to invalidate patents by a new appeals board at the U.S. Patent and Trademark Office.
Baker Botts attorneys, on behalf of the firm’s clients, submitted an amicus brief in Cuozzo supporting the position that the Supreme Court ultimately adopted.
“The Supreme Court ruled that the Patent Office has significant latitude to regulate its own proceedings,” said Michael Hawes, partner in the firm’s Intellectual Property practice of the Houston office and on the team of Baker Botts attorneys that filed the amicus brief in Cuozzo.
Baker Botts’ IP practice closely monitors changes to the law and rules of practice to relay important implications the developments have on practitioners and IP owners. As the current Supreme Court Term continues to unfold, Baker Botts’ IP lawyers will present a webinar “The U.S. Supreme Court's Impact on Patent Rights” on Thursday, July 14, 2016. The panel will look at the 2016 Supreme Court decisions of intellectual property cases impacting patent owners, and will include attorneys who filed amicus briefs in Cuozzo and the Stryker/Halo cases. For more information on attending the webinar, read more here.
With over 180 lawyers holding 200 advanced degrees, Baker Botts’ IP practice provides unparalleled service, experience and capability in the high technology and life sciences field. To speak to a Baker Botts lawyer, on this or related IP developments, please contact Brecke Latham [email protected].
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