April 7, 2016
Fish's John Dragseth Quoted in Law360 Article, "What Attys Need To Know About The High Court's 3 IP Rulings"
John Dragseth (Twin Cities) was quoted in a Law360 article, “What Attys Need To Know About The High Court’s 3 IP Rulings.”
That type of serious error by the PTAB is unlikely to occur, which sets the bar for obtaining appellate review very high, said John Dragseth of Fish & Richardson PC, who added that "you can hypothesize these constitutional violations, but it's really hard to envision them."
Nevertheless, the decision is likely to prompt many arguments by litigants that the board engaged in behavior that the Supreme Court suggested merits appellate review, though the Federal Circuit will be wary of accepting them, Dragseth said.
"The Federal Circuit has to be worried that if they find some sort of due process violation in an inter partes review, the next day, their mailbox will be filled with claims of due process violations,” he said.
To read the entire article from Law360 published on June 21, 2016, click here.
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