Intellectual property litigation counsel Matthew Rizzolo and associate Ryan Brunner (both of Washington, D.C.) authored a three-part series in Law360 that explores issues raised by the interplay between the Patent Trial and Appeal Board and the U.S. Court of Federal Claims, as well as related questions involving the U.S. government and patent rights. Law360 published the first part on Feb. 5, the second part on Feb. 6, and the third part on Feb. 7.
The authors address topics including whether the America Invents Act’s one-year time bar applies to government contractors who may be litigating alongside the U.S. government in actions brought in the Court of Federal Claims, as well as whether the government itself has standing to bring PTAB challenges. They also examine the effect that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene’s may have on patent litigation against the United States in the Court of Federal Claims, and consider whether the U.S. government could join state entities and Native American tribes in asserting sovereign immunity before the Patent Trial and Appeal Board.
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