On December 1, 2017, several friends of the PTAB submitted amicus curiae briefs in connection with the Tribe’s motion to dismiss the pending IPRs challenging Allergan’s Restasis® patents. What did the amici argue, on both sides of the issue?
Read MoreA recent decision by the PTAB denying institution of an IPR related to Rituxan(R) shows that disagreements exist within the PTAB over the precise standard that must be met for institution.
Read MoreViewed through that lens, the Respondents argue there is nothing unconstitutional about IPRs. Congress was expressly given the power to grant patents within the Constitution. Congress has delegated that power to a federal agency, namely, the USPTO. Any “right” to a patent therefore derives directly from a Federal Government action, and by that token, it is a public right. In other words, patents do not embody a natural right of the inventor to exclude others from using his or her invention. Rather, a patent only exists because Congress has expressly provided for it.
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