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« Cellspin Soft, Inc. v. Fitbit, Inc. (Fed. Cir. 2019) | Main | Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (Fed. Cir. 2019) »

July 08, 2019

Comments

One thing speeding up final decisions in interferences is that the Federal Circuit affirmed a decision by the U.S. District Court for the District of Massachusetts that it lacked subject matter jurisdiction under 35 U.S.C. §146 pursuant to changes in the statute provided by the Leahy-Smith America Invents Act in Biogen MA, Inc. v. Japanese Foundation for Cancer Research. I.e., no more long delays by filing §146 civil actions between the PTAB decision and the Fed. Cir. appeal.

I think the significance of that decision is to put pressure on the parties to make sure the record was complete, because there will be less opportunity to supplement under a Section 146 proceeding.

Thanks for the comment.

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