Interesting Opinion Piece on Prosecution Bars

You can read it on IPToday, here.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “Interesting Opinion Piece on Prosecution Bars

  1. 2

    I’m on board with you a lot — I’m actually looking at the statutory provision that relates to prosecution bars relating to biosimilars and biologics, and it’s particularly goofy, broad, and weird.

  2. 1

    David, the prosecution bars are intended to drive up plaintiff costs. They tend to be overbroad in all respects.

    Just take for example IPRs. Just how excluding litigation counsel who have information of a defendant can be adversely used let alone abused is never explained. Never. Just the fact that the litigation is in the PTO is enough.

    All this does, of course, is exclude the counsel most familiar with the patent from defending the patent in the PTO. That to me is outrageous.

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