In a recent decision, Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has turned down Efficient Power Conversion's (EPC) request to revisit the Patent Trial and Appeal Board's (PTAB) invalidation of its patent, which was challenged by Finnegan client Innoscience.
EPC sought retroactive application of Stewart’s new policies governing the discretionary denial of petitions for a decision issued by the PTAB in March, which found every claim of EPC’s patent invalid.
In a written statement to Law360, Finnegan partner and lead counsel for Innoscience, Lionel Lavenue, said, “EPC's request was contrary to the entire purpose of the PTAB and the USPTO, as it was, in essence, asking for the USPTO to condone allowing a patent to remain in force it had already determined should never have been issued in the first place."
"Innoscience is pleased to see that the USPTO did not endorse allowing a bad patent to stand, and Innoscience applauds the USPTO's decision to uphold the integrity of our patent system," he said. "Innoscience is confident this decision will send a positive message to companies and patent practitioners."
Read “Stewart Won't Retroactively Apply New PTAB Denial Policy”
