McKool Smith principal Scott Hejny was quoted in Law360 article that pointed out another flaw in the Patent Trial and Appeal Board. In the recent Mobility Workx LLC v. Unified Patents LLC ruling, U.S. Circuit Judge Pauline Newman's dissent raised a separate issue to suggest the way the board institutes reviews does not comport with a recent U.S. Supreme Court ruling. Scott commented, "I could certainly see someone whose petition was denied institution taking up this baton that's been lifted by Judge Newman and carrying it forward to try to get the same sort of Supreme Court review of the institution aspect of the IPR process as they did the final decision process.” Read the article here.
