While Inter Partes Review post grant proceedings may have had the best intentions, which were to provide a cheaper, faster alternative to resolving litigation issues of patent validity through the district court, there have been numerous concerns raised to a procedure that has been viewed by many as uniquely slanted against the patent owner.
Just recently, the United States Supreme Court added several cases to its docket for this term, with one of those cases being Cuozzo Speed Technologies v. Lee, a case that will require the Supreme Court to address two critically important questions associated with inter partes review (IPR) proceedings. The first question dealing with the proper claim construction standard and the second dealing with whether a decision to institute an IPR is insulated from judicial review.
Subsequently, on Thursday, January 21, 2016, a petition for certiorari was filed with the Supreme Court challenging the decision of the Fourth Circuit in Cooper v. Lee. This latest challenge to the post grant proceedings at the USPTO raises a constitutional question about whether an Article II tribunal can declare an issued patent claim invalid.
The Federal Circuit continues to issue decisions relating to inter partes review, for example on December 31, 2015, finding in Redline Detection, LLC v. Star Environtech, Inc. that a timely filed motion containing supplemental information, which is authorized both by statute and rule, can be refused by the PTAB.
Against this backdrop, on Tuesday, February 2, 2016, at 12 PM ET, patent expert, Gene Quinn will host a free webinar discussion on the current state of inter partes review and what the Supreme Court stepping into the mix will mean for the future of these proceedings.