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Restoring the America Invents Act – Anticipating the New Patent Litigation Landscape
A decade into the Leahy-Smith America Invents Act (AIA), one of the AIA’s namesakes, Senator Patrick Leahy – VT (D), is seeking to recalibrate practices that have evolved over the past decade. More specifically, Senator Leahy is seeking to unravel patent-friendly directives and policies of former USPTO Director Lancu, most notably discretionary denials of AIA trial proceedings in view of parallel litigation. Given the explosion of patent litigation in the Western District of Texas, and the opinion of some in Congress that lax patent policy is leading to extended drug monopolies that artificially inflate drug pricing, the foundation is being laid for a legislative adjustment to U.S. patent law. To this end, Senator Leahy has introduced a new bill entitled the “Restoring the America Invents Act.”

The draft bill includes proposals to:
• Limit PTAB discretion to deny institution of post-grant proceedings
• Expand the jurisdiction of the PTAB
• Encourage courts to stay litigations proceeding in parallel to a PTAB trial

In this webinar, Washington D.C. partners Scott McKeown, Chair of Ropes & Gray’s PTAB Practice, and patent litigator Matt Rizzolo will discuss the scope of the bill, its prospects for passage, and the implications it may have on patent litigation and monetization practices.

Oct 6, 2021 02:00 PM in Eastern Time (US and Canada)

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