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April 24, 2018Published Article

Schmitt quoted in, “US Supreme Court upholds contentious IPR patent dispute process”

Financial Times

Michael Best Partner Marshall Schmitt was quoted in the Financial Times article, “US Supreme Court upholds contentious IPR patent dispute process”  on April 24, 2018.

The US Supreme Court has ruled in favour of a controversial process used to determine patent disputes, handing a defeat to many small inventors who claim it has undermined the value of their work.

The decision in the closely watched case will bring relief to some of the world’s biggest tech companies, which have become heavy users of the streamlined process to challenge the validity of patents they are accused of breaching.

In a 7-2 decision on Tuesday, the justices ruled that the process, known as an inter partes review, was constitutional. The reviews were introduced six years ago, replacing full court hearings with a new system of panels of judges.

Critics claim the new procedure has led to many valid patents being disqualified, although an early spate of victories for challengers has been followed by a rising proportion of IPR rulings in favour of patent holders.”

To read the entire Financial Times article, click here.

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