Inter Partes Patent Challenges Are Constitutional, US Supreme Court Rules
IPR process can continue, but the Patent Trial and Appeals Board must issue a final written decision on all claims raised by the challenger – not just some of them, court says; rulings in two closely watched cases mean that IPR proceedings can continue unabated, but challengers may need to rethink how they go about challenging innovator patent claims.
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A challenge to the US patent appeals system taken up by the Supreme Court could create a crisis for medtech companies with patents under review, attorneys tell Medtech Insight.
The court has agreed to take an oil-industry case challenging patent office inter partes review procedures on the grounds they violate a constitutional right to trial by jury. IPRs have become an increasingly common approach in medtech and elsewhere for challenging patents outside of court, but not without controversy.
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