In the Law360 article “Manufacturing Factor Adds More New Twists to AIA Cases,” Knobbe Martens partner Sheila Swaroop weighed in on the U.S. Patent & Trademark Office’s latest memo regarding the review process for America Invents Act patent challenges.
The memo establishes two additional factors the USPTO Director will evaluate when considering institution of inter partes review or post-grant review: (1) whether parties manufacture or invest in manufacturing in the U.S. and (2) petitioners’ status as a small business.
Swaroop, who serves as Knobbe Martens’ Litigation Chair, noted that this update from the USPTO parallels requirements in IP proceedings before the International Trade Commission, where patent owners must demonstrate domestic industry. She also underscored that the USPTO memo offers guidance for both patent owners and patent challengers.
Read the full article here.
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