On June 29, 2020, Chris Loh was quoted in Law360 regarding three of the most important patent rulings in the first six months of 2020: ESIP Series 2 LLC v. Puzhen Life USA LLC, Advanced Bionics LLC v. MED-EL Elektromedizinische Gerate GmbH, and Nike Inc. v. Adidas AG.
According to the article, the Patent Trial and Appeal Board (PTAB) has more frequently been exercising its discretion to deny review of patents. In Advanced Bionics LLC v. MED-EL Elektromedizinische Gerate GmbH, the PTAB set guidelines on when it will exercise its discretion not to review a patent because the same invalidity arguments were previously considered by the U.S. Patent and Trademark Office.
The board explained that in those situations, it will deny review unless the petitioner can show that the office made a material error in issuing or upholding the patent. That guidance "certainly provides a better road map for patent owners" pursuing this argument in an effort to defeat a challenge, Loh said.
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