Supreme Court Verdict In Patent Case Could Cause ‘Unprecedented Nightmare Scenario’ For Industry
The justices may find the role of administrative judges unconstitutional
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.
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The US Supreme Court found that the role of administrative judges in patent review was unconstitutional but could be fixed by giving the PTO’s director more oversight, reinforcing the staying power of the patent appeals process.
Patent owners can challenge US Patent and Trial and Appeal Board's decisions on grounds the judges were not constitutionally appointed in a narrow number of cases, but they may have difficulty winning a different outcome.
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.