Knobbe Martens partner Kerry Taylor, Ph.D. was quoted by World Intellectual Property in the article “PTAB Reform Bill: a ‘reasonable fine-tuning’”. The article discusses the bipartisan PTAB Reform bill that was recently introduced in Congress, which aims to improve fairness to both parties involved in a patent dispute.
Speaking on the bill generally, Taylor shared his belief that the majority of provisions set out in the bill would “fine-tune” PTAB proceedings and would continue the process of refinement that has taken place over the past ten years. Taylor said that the provision to curb serial filings is key, saying, “If there is a petitioner who files time-spaced-apart petitions—not two at the same time, but files one petition and then one day to six months later files another petition—then that petition will not be granted institution. The earliest one is untouched, but any later filed petitions, what some call a ‘General Plastics-type, will not be permitted under the new statute.”
Taylor further states that the statute should address the technicality invoked by Arthrex decisions—by having all of the PTAB’s functions in these proceedings being performed by the director. “So in that kind of dynamic, the PTAB can issue decisions because they’re subject to review by the director,” he adds.
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