T.J. Cole Quoted in <i>Indiana Lawyer</i>: "SCOTUS to decide whether patent Challenges Must be Heard T.J. Cole Quoted in <i>Indiana Lawyer</i>: "SCOTUS to decide whether patent Challenges Must be Heard

T.J. Cole Quoted in Indiana Lawyer: "SCOTUS to decide whether patent Challenges Must be Heard in Court"

Ice Miller partner T.J. Cole was quoted in the Indiana Lawyer article, "SCOTUS to decide whether patent Challenges Must be Heard in Court."

The article included:

"...Typically, only patent trolls and pharmaceutical companies have vocally advocated against inter partes reviews, Cole said. Big pharma companies rely on patents to secure their sales, so they do not like processes that make it easier to challenge those patents, he said.
 
Even so, there’s still a possibility the court could throw out the IPR process, or at least amend the current procedures. Daniluck said he expects the court to make a change that would shift the process toward an Article III adjudication.
 
Similarly, Congress could continue to allow third parties to challenge patents in the same manner as an inter partes review, but establish a right for the patent holder to be heard in an Article III court, rather than an administrative agency such as PTAB, Cole said. Or, Congress could tighten up the requirements for patents and diminish the remedies a challenger can win in an infringement action to ward against a revival of patent troll litigation, Magliocca said..."

Click here to read the full article.
View Full Site View Mobile Optimized