McKool Smith principal Ashley Moore provided commentary to Law360's article, “Tech Giants are putting PTAB's discretion to the test." The recent lawsuits, involving Apple, Google, Intel, and Cisco, challenges a precedent that allows the PTAB to skip instituting IPRs based on parallel district court litigation. Ashley said, "When some people believe the system is too patent-friendly, we get reactions like this lawsuit or the [America Invents Act], and once that takes hold, others will start to think the system is too defendant friendly, and the pendulum will swing back the other way. This is the natural ebb and flow of patent law. It seems like it goes between extremes and doesn't spend a lot of time in the middle." Read the full article here.


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