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« Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC (Fed. Cir. 2019) | Main | Athena Diagnostics v. Mayo Collaborative Services -- The Concurrences »

July 11, 2019

Comments

Sadly, the actual legislative text appears to have been taken down and replaced with a one-page summary. I am not sure, therefore, of the exact statutory language. I have to wonder, however, if there is simply some huge misunderstanding afoot regarding the multiple petitions provisions. Such a restriction would be (as you note) so clearly unconstitutional, that I cannot understand why the sponsors would insert such an obviously insupportable provision in the bill. It would be one thing to say that each petitioner is limited to a single petition. To say, however, that there may only be a single petition filed against any given patent claim is egregious.

I really like the unwinding of Ebay, however. I hope that a modified version of this bill passes, with the constitutional infirmities removed.

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