Eldora Ellison, Ph.D., is quoted in Law360's "PTAB Decision Not To Sanction Bass Shifts Focus To Capitol," discussing the Patent Trial and Appeal Board's (PTAB) decision not to penalize hedge fund manager Kyle Bass for challenging drug patents in American Invents Act reviews.
Since the PTAB's decision, new issues have come to the forefront as hedge funds can legally file a petition to challenge a patent.
"At the end of the day, the real issue should be the merits of the patent being challenged," said Ellison. "If it's a weak patent, maybe anyone really should be able to challenge it."
She continued, "These cases will continue to be closely watched. I'm sure the board is aware of that, and they'll do their best to analyze the patents on the merits."
For more information regarding the PTAB decision, visit Law360.com.