In an interesting shift in IP law, a patent docketing contractor, utilized by major remote law firm FisherBroyles, has evaded liability for a ‘clerical error’. This particular error led to a missed patent application deadline which then spawned a lawsuit initiated by a neurosurgeon, potentially for nearly $102 million. A lower court’s decision has been affirmed by a Georgia appeals court; the court maintains that the surgeon should not have placed reliance on those deadlines in the first place. Details available here.
This case brings to the fore the inherent risks and uncertainties that surround patent application deadlines. Legal professionals, especially those engaged in IP law, will be keen to delve into the ramifications of such a decision. As the legal tide continues to ebb and flow, tracking these developments becomes paramount for firms and corporations looking to safeguard their intellectual assets.