Doug Gallagher Comments on Recent Challenges to Patent Reform Law
Bingham Greenebaum Doll LLP partner Douglas Gallagher recently commented on the Federal Circuit Court of Appeals upholding the constitutionality of the inter partes review process in Indiana Lawyer.
According to the publication, a battle between two tech companies put a key provision of the recent patent reform law on the firing line. But intellectual property attorneys were not surprised the patent holder attempted to knock out the administrative review process or that the attempt failed.
Congress established the review process as part of the comprehensive patent reform bill, Leahy-Smith America Invents Act, which passed in 2011. The new process was an attempt to provide a cheaper and faster way to examine the validity of patents.
The Teflon coating that seemingly surrounds the America Invents Act is, at least in part, a reflection of the way Congress worked on the law, said Gallagher. The revamp of the patent system was crafted over a period of many years as work on the law started and stopped numerous times. This lengthy process allowed Congress to get feedback and carefully consider the changes.
The resulting AIA is a “different way of doing business,” Gallagher said, “but nothing that flies in the face of sanity.”
Despite the poor track record of those who have tried to topple parts of the America Invents Act, lawyers are confident more challenges to patent reform will be coming.