Milbank partner John Lu was quoted in two published articles discussing the Supreme Court’s recent ruling that effectively leaves the Patent Trial and Appeal Board with unchecked authority over decisions to institute inter partes patent reviews.
Mr. Lu is a partner in Milbank’s Los Angeles office and a member of the firm’s Litigation and Arbitration group, with a focus on intellectual property. John Lu’s practice encompasses different types of intellectual property litigation, including patent and trade secrets. He has primarily represented clients in the biopharmaceutical industry and in China.
In one article, “SCOTUS expands PTAB’s ‘unchecked’ power over patent reviews,” published by World Intellectual Property Review, Mr. Lu is quoted as saying “ultimately, the ruling suggests that almost all USPTO decisions concerning institution will be unappealable.” Another article, “USPTO’s Application of Litigation Time-Bar to IPR Institution Decisions Cannot Be Reviewed,” published by IP Law Daily, similarly quotes Mr. Lu as he explains that the decision "gives back to the Patent Office substantial power that was taken away by the Federal Circuit’s en banc Wi-Fi One, LLC decision two years ago." He noted that there was concern that the Federal Circuit in Wi-Fi One had opened the door too much on attacking institution decisions on appeal.
To read the full World Intellectual Property Review article click here.
