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@design_law@mastodon.social
2024-05-14 16:03:09

These reactions make me worry that this Federal Circuit decision will push more patent owners to use #ScheduleA litigation instead of APEX:
law360.com/articles/18356…

"One big takeaway from this ruling is that a patentee needs to be prepared to defend a [declaratory judgment] action anywhere in the country if they decide to go through the APEX program," said Paul Ainsworth of Sterne Kessler Goldstein & Fox PLLC. A major advantage of APEX is the ability to address multiple infringing products at once, but the decision "creates a potentially significant downside to using the program to do that," he said, since it opens the door to multiple suits in different …

Patent Owners Face Risks In Amazon Program After Ruling - Law360
The Federal Circuit ruled earlier this month that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state. The holding creates a risk for patent owners who may rethink using the program, attorneys told Law360.