Patent Reform – What’s Driving the Patent Legislative Agenda?
Phil Johnson on IPR: “I think with hindsight we might say they made the mistake of relying on the Patent Office to promulgate regulations for fair proceedings for both patent owners and to challengers. And they expected, for example, that the same claim instruction standards would be used in IPRs are as used in the courts. They expected that when the law said that a patent owner could file a reply in the institution phase that it wouldn’t be told oh, no, you can’t include new evidence for that reply. They expected that other burdensome presumptions, including things like consideration of objective indicia of nonobvious would be treated the way it is in the courts, and so on. So in the end they expected that the outcome in IPRs would be approximately the same as in the courts and what we have seen is that that absolutely is not the case and, therefore, it’s not that — necessarily that the law was wrong, it’s that I don’t think pharma decisions and bio decisions have been promulgated properly.”