Supreme Court retains, complicates IPR

The Supreme Court Tuesday upheld the constitutionality of the inter partes review process for challenging the validity of patents. The decision represented a setback for biotech and pharmaceutical companies and trade associations that had urged the court to eliminate IPR.

In a separate decision the court also ruled that if the U.S. Patent and Trademark Office (PTO) accepts an IPR petition it must decide the patentability of every challenged claim. ...