Federal Circuit Backs PTO's Broad Discretion Over AIA Challenges
"The Director is permitted, but never compelled" to grant America Invents Act petitions challenging patent validity, the court rules. It's a blow to tech companies that argue they're wrongly being denied access.
March 12, 2021 at 06:35 PM
4 minute read
Pratik Shah of Akin Gump Strauss Hauer & Feld. Photo: Diego M. Radzinschi/ALM The U.S. Court of Appeals for the Federal Circuit has given its unconditional blessing to the U.S. Patent and Trademark Office director's unfettered discretion to reject administrative patent validity challenges.
The decision darkens the outlook for technology companies that argue the PTO is improperly limiting access to America Invents Act procedures known as IPRs, and instead forcing many cases to proceed in federal district court.
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