Professor Dennis Crouch did a great job of summarizing the Supreme Court’s ruling last week in Peter v. NantKwest, wherein the Court found that the Patent and Trademark Office could not shift its litigation costs to applicants who choose to challenge the PTO’s decisions in district court. We recommend everyone read his summary, posted on the Patently-O Blog, here.
Product Development Standing and Lessons on Teaching Away
The Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed standing to challenge a competitor’s patent based on significant investment into and likely use