In an article published in Intellectual Asset Management (IAM) and Global Compliance Review (GCR), intellectual property litigation attorneys examined the introduction of two bills by U.S. Senators Chris Coons and Thom Tillis designed to protect patent owners in post-grant proceedings before the US Patent and Trademark Office and to clarify the law on patent eligibility and the impact on standard-essential patents.
The authors note that for SEP holders, the biggest change may come from the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act’s new standing requirement, which limits the availability of inter partes reviews to only those entities that have been sued or threatened with a lawsuit. This would eliminate the threat of such reviews being brought by defense-oriented organizations that are looking to invalidate swaths of SEPs on behalf of their members.
The article was authored by IP litigation partners Steve Pepe and Kevin Post and IP litigation associate Colin Dunn.
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