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In Corporate Counsel, PTAB Chair Addresses Top 2018 IP Concerns for In-House Counsel

Practices: Intellectual Property, Intellectual Property Litigation, Patent Litigation, ITC Proceedings / Section 337

Capital Insights.

Intellectual property litigation partner and PTAB chair Scott McKeown (Washington, D.C.) was quoted in a Jan. 4 Corporate Counsel article addressing the 2018 top IP concerns for in-house counsel.

Mr. McKeown explains that if the U.S. Supreme Court decides Oil States and SAS Institute cases as expected (upholding the constitutionality of the Patent Trial and Appeal Board (PTAB) and the manner in which inter partes review proceedings are instituted), the focus will likely shift to the legislative front.

While a Senate bill has been proposed relatively recently in the STRONGER Patents Act of 2017, this bill is viewed as unbalanced. A more balanced bill would be required to move the needle. He also notes an increase in patent proceedings at the International Trade Commission (ITC) to pressure those potential infringers that avail themselves of PTAB review options.

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