“Separation of powers theme runs through SCOTUS patent holding.“

Partner Craig Smith quoted in Massachusetts Lawyers Weekly

Boston patent lawyer Craig R. Smith concurred that the procedural significance of Thryv is that parties have no recourse to the courts if the board errs in instituting review.

“That puts patent practitioners in a precarious position because most of us are used to having the option of an appeal to fix mistakes,” he said.

The practical takeaway, Smith said, is that an attorney practicing before the Patent and Trademark Office has to be careful during the initial stages of the process before an IPR determination to put forth his strongest arguments, because “he only gets one shot.”

“As the scope of what is appealable expands, it may be the last time he gets a chance to argue that positon,” Smith continued.

Read the full article on Massachusetts Lawyers Weekly