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Top US Court Is Asked To Review Inter Partes Reviews

 
• By Aidan Fry

Standards for determining obviousness via inter partes patent reviews, as well as procedures for affirming such determinations on appeal, must be reviewed by the US Supreme Court, two originators argue in their dispute with Akorn over Durezol difluprednate eye drops.  

RubberStamp
The US Court of Appeals Should Not Simply Rubber-Stamp USPTO Decisions In Inter Partes Patent Reviews, A Petition To The US Supreme Court Argues • Source: Shutterstock

Whether the US Patent and Trademark Office (USPTO) is obliged to take into account secondary considerations such as unmet need and commercial success in inter partes patent reviews and whether the US Court of Appeals for the Federal Circuit must issue a full opinion in adjudicating appeals againstsuch reviews are the two central questions the US Supreme Court is being asked to consider.

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