In a landmark development in the legal landscape surrounding US patent law, a federal appeals court has recently had to decide on the steps lawyers must take when administrative patent tribunal proceedings, as instituted under the America Invents Act, do not conclude within preset deadlines. The deliberation by the court emerged from the legal squabble involving Purdue over a delay at the hands of the Patent Trial and Appeal Board (PTAB).
This is the first time such an issue has come into focus since the genesis of the judicial administrative system for patents birthed by the America Invents Act, shedding light on the possible procedural danglers in the application and implication of the Act.
For those seeking to delve deep into the specifics of the case and its court correspondences, consider this article in Law360 that adequately puts things in perspective.