Boies Schiller Flexner partner Ryan Dykal was quoted in a Law360 article on a ruling of the U.S. Court of Appeals for the Federal Circuit that clears patent challengers to pursue grounds in district court that weren’t previously available, which will increase U.S. Patent and Trademark Office challenges at a time when the agency is working toward the opposite.
Ryan raised concerns that the Federal Circuit’s decision may undermine Congress’ intent with Inter Partes Reviews, saying, “The purpose was to streamline the process and create an efficient way for patent challengers to litigate invalidity — but there’s a bargain there. You’re supposed to give up your right to do it at the district court. This opinion really creates a loophole.”