Partner Nate Kelley was quoted in the Law360* article, "Patent Litigation Trends To Watch In 2020," regarding the trend of emboldened patent owners driving up infringement cases at U.S. district courts.

“For a while, the PTAB took a lot of heat for over-instituting, whether deserved or not,” said Nate. “Now it appears the agency has made an effort to go the other way. … There’s a lean more in favor of patentees, at least in the types of institution decisions being designated as precedential.”

“With discretionary denials becoming more front and center, petitioners basically have one clean shot at a petition, and they better think it through carefully,” Nate said. “More work has to go into them … and for some petitioners, that could tip the scales away from filing at all.”

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