Niall MacLeod Authors Bloomberg Law ArticleNews | June 10, 2020
The 2018 Supreme Court decision in SAS v. Iancu was a simple command to the Patent Trial and Appeal Board (PTAB): in a decision to institute an Inter Partes Review, all patent claims being challenged by the petitioner go to IPR trial, or none do. SAS raised strategic considerations for both IPR petitioners and patent owners including an increased likelihood of discretionary denials of IPR petitions and a greater risk of estoppel. Mr. MacLeod’s article reviews trends, strategies, and interesting new law in the aftermath of SAS.
Mr. MacLeod is a successful trial lawyer in the firm’s Minneapolis office. He focuses his practice on patent, trade secret, and commercial litigation in U.S. federal courts, and Inter Partes reviews before the U.S. Patent Office, Patent Trial and Appeal Board.
This article is reprinted with permission of Bloomberg Law.