MELVIN GARNER TO SPEAK AT NYIPLA PATENT CLE SEMINAR

Melvin Garner will be a panelist at The New York Intellectual Property Law Association’s (NYIPLA) one-day patent CLE Seminar on November 16, 2017. The panel, entitled “Patent Rights: Public or Private; Whose Thoughts and Ideas Are They Anyway?”, will focus on the issues surrounding the US Supreme Court deciding whether Inter-partes review of issued patents by the Patent Trial and Appeal Board (PTAB) is constitutional. The PTAB is an administrative agency within the United States Patent & Trademark Office (USPTO), which by an act of Congress was given the power to find that an issued patent is invalid. The petitioner, Oil States, argues that this is unconstitutional and the property right in a patent cannot be taken away except by an Article III court (e.g., a US District Court) with a jury. The counterargument is that the patent right was created by the USPTO, so it can correct its error in granting the patent in the first place. See

https://www.nyipla.org/assnfe/ev.asp?ID=204