Following the U.S. Supreme Court's recent first-ever decision on America Invents Act reviews, Law360 interviewed Finnegan partner Erika H. Arner for insight into the decision, which confirmed the PTAB's approach in handling the proceedings. Says Arner, "There are certainly patent owners who will try to turn to Congress as they have before and try to change the rule." She adds, "The effort will be a long process since any bill is unlikely to pass in an election year," adding, "Many big companies have very different positions, and finding common ground will be very difficult in any year, let alone this year. The decision could also spur the courts to take a closer look at the restrictions the PTAB has placed on the ability of patent owners to amend claims in AIA reviews. The PTAB requires patent owners to show that their proposed new claims are patentable, which means that 'it's nearly impossible to amend.' Whether the PTAB's requirements are justified could be the subject of a future Federal Circuit case."
