Oblon Spivak’s Scott McKeown Quoted in MIP: Trends Begin to Emerge in USPTO Post Grant Systems
Oblon Spivak's Scott McKeown is quoted in Managing Intellectual Property's Managing Patents regarding post grant trends and how it's affecting litigation. Mr. McKeown said that the judges hearing IPR and CBM cases have been "hand-picked" so far. They are a combination of former interference judges and newly hired individuals with a patent litigation background. Mr. McKeown said "these judges need to have that litigation focus. They need to be referees who can manage and finish these cases in 12 months." He said the "game-changing aspect of this is the speed with which the PTO is conducting the cases." He also said this is tripping up a lot of petitioners, particularly patent trolls, who relied on the old reexam system which took forever. He said "They're learning quickly."
Please click here or on the article link to read the full article. A subscription to Managing IP is required.