McKool Smith associate Kevin Schubert published article “New Trend In IPR Institution Appealability Demands Scrutiny” in Law360, analyzing trends regarding how the balance of power between courts authorized under Article I and Article III of the U.S. Constitution relates to inter partes reviews. The article noted “a new trend on the balance of power between Article I and Article III courts, but this time related to the ability to appeal USPTO decisions. This trend and its impact on IPR petitions will require close following and should be very interesting over the coming months given the likely (and perhaps extensive) constitutional challenges that will be brought, the internal review process at the USPTO, and possible Congressional action to clarify the statute.” Read the full article here.
