May 8, 2020

IP Partner Lauren Drake Comments in Response to Recent Time Limitation Ruling by Supreme Court


Milbank Intellectual Property partner Lauren Drake was quoted in response to the recent Supreme Court 7-2 decision where the justices held that Congress’ objective in enacting the time limitation in Section 315(b) of the Patent Act, 35 U.S.C.A. § 315(b), was to have the Patent and Trademark Office decide whether the Patent Trial and Appeal Board should institute an inter partes review.

In Westlaw Journal Intellectual Property’s article “Justices Nix Time-Bar Appeals, Say Alternative Leaves ‘Bad Patents Enforceable'” Ms. Drake explains, “Now, virtually all Patent Office determinations regarding institution are final and nonappealable.” She further states, “The Supreme Court’s decision prioritizes weeding out ‘bad patent claims’ over ‘timeliness requirements.’”

Ms. Drake is a partner in Milbank’s Los Angeles office and a member of the firm’s Litigation & Arbitration group. Her practice focuses on intellectual property and patent litigation, including patent postgrant proceedings.