McKool Smith principal Nick Matich provided commentary in Law360 article, “Leahy's Bill Seeks To 'Course Correct' From Iancu's PTAB.” Vermont Senator Patrick Leahy proposed a bill to stop Patent Trial and Appeal Board judges “from factoring in the timing of related litigation when deciding whether to review a patent, a policy shift that backtracks from the pro-patentee reforms implemented.” Nick commented, “Defendants like having two attempts to invalidate a patent, because if you could either convince the PTAB or convince the jury that the patent is invalid, you win. But the patent owner has to win both times, and that doesn't strike me as a fair process. Everyone should have their day in court, but giving [only] one side two days in court ... doesn't strike me as fair.” Read the article here.
