Profs Urge Fed. Circ. To Rethink PTAB Forum Clause Ruling

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Publish Date:
June 7, 2019
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Law360
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Summary

Almost two dozen law professors have urged the Federal Circuit to reconsider a ruling that found the company that owns the Sharper Image brand was barred by a license agreement from challenging three virtual reality patents at the Patent Trial and Appeal Board.

Twenty-one professors, from schools including Stanford, Rutgers and Santa Clara, joined an amicus brief filed Monday supporting MerchSource LLC’s bid for a rehearing of the April ruling, which requires the company to attempt to dismiss its requests for America Invents Act reviews.

The law professors are represented by Phillip Malone, director of the Juelsgaard Intellectual Property and Innovation Clinic of the Mills Legal Clinic at Stanford Law School.

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