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Tom Walsh Quoted in <i>Indiana Lawyer</i>: "Federal Circuit Tweaks Statute to Overcome Constitutiona Tom Walsh Quoted in <i>Indiana Lawyer</i>: "Federal Circuit Tweaks Statute to Overcome Constitutiona

Tom Walsh Quoted in Indiana Lawyer: "Federal Circuit Tweaks Statute to Overcome Constitutionality Concerns with Administrative Patent Judges"

Tom WalshIce Miller LLP partner Tom Walsh was quoted in the Indiana Lawyer article, "Federal Circuit Tweaks Statute to Overcome Constitutionality Concerns with Administrative Patent Judges."

The article included:

Thomas Walsh, partner with Ice Miller in Indianapolis, said the IPR is a good tool in theory, noting several people are alarmed by the number of patents invalidated through the process.

That concern has nurtured some of the constitutional challenges to the inter partes review, but the U.S. Supreme Court, so far, has not been receptive to those arguments. Most recently in Oil States Energy Services v. Greene’s Energy Group, 584 U.S. ___ (2018), which raised the question of whether actions to revoke a patent must be tried in an Article III court before a jury, a majority of the justices found the IPRs do not violate Article III or the Seventh Amendment of the Constitution.

Patents are key to fortifying the financial support companies and startups need. For small inventors, the only way to secure capital for a project is to demonstrate the intellectual property is protected. For larger businesses, having patented products gives them the ability to recoup the potentially hundreds of millions of dollars spent on research and development.

As to whether Congress should revamp the IPR process, Walsh did not see a pressing need for action. “As far as I’m concerned, there are some other things more broken that Congress should be spending its time on,” he said.


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