McKool Smith principal Scott Hejny provided commentary to Managing IP's article, "USPTO Driven To Drop Rules Package And Get Trial Denial Input." The article reports on the USTPO’s progress on deciding whether to “establish a formal notice-and-comment rulemaking process at the Patent Trial and Appeal Board.” With regards to the process of this review, “factors featuring in the request-for comment document certainly warrant consideration, but others simply cannot see the USPTO losing,” said Scott. “I can’t see them dropping the rules on serial petitions that attack the same patent or parallel petitions where multiple challenges are filed at the same time… But other factors, such as the dockets at the district courts and at the International Trade Commission, could have an impact on whether changes are made, absolutely.” Read the full article here.
