Leahy, Tillis Reveal Bill to Boost Patent Board Transparency (1)

Sens. Patrick Leahy (D-Vt.), Thom Tillis (R-N.C.), and John Cornyn (R-Tex.) introduced legislation Thursday that would prevent the Patent Trial and Appeal Board from declining to review a patent challenge based on ongoing litigation.

The “PTAB Reform Act” would limit the PTAB’s practice under what’s known as the NHK-Fintiv rule, which allows the board to deny petitions for patent reviews based on a parallel lawsuit, such as an infringement case in district court. The bill also would codify the process for the US Patent and Trademark Office director to review the tribunal’s decisions, a power granted by the US Supreme ...