Insights: News Justin Krieger Quoted by Law360
Denver Managing Partner Justin Krieger was quoted by Law360 about the announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews.
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'Even with the director making decisions, there will likely be instances where challengers still file AIA review petitions, in cases where they feel they have strong invalidity arguments and the petition is unlikely to be denied on discretionary grounds, said Justin Krieger of Kilpatrick.
However, he said that could change if rules that Squires proposed last week are put in place, since they would require petitioners to give up many invalidity defenses to file challenges and prevent review from being instituted in many scenarios.
"That would effectively eviscerate IPRs and PGRs," Krieger said, adding that "I think it would be very unfortunate if the proposed rules, in their current form, were enacted."'
Read "Patent Landscape Shifts as Squires Takes on Key PTAB Role" on Law360 here.
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