Groombridge, Wu, Baughman & Stone LLP partners Steven Baughman and Megan Raymond were quoted in Law360’s recent article, “Manufacturing Factor Adds More New Twists To AIA Cases.”
The article examines new guidance from the U.S. Patent and Trademark Office indicating that domestic manufacturing activity may be considered in decisions on whether to institute America Invents Act (AIA) reviews. The policy reflects a broader shift toward incorporating economic and policy considerations into institution decisions, alongside the merits of a petition.
Steve commented on the practical implications of the new guidance, noting: “Trying to figure out what the facts you need are and how to slice them … will be an advocacy project on a case-by-case basis, and it just means more uncertainty and work for the lawyers and both sides.”
Megan addressed the potential impact of the policy, observing: “As written, it seems like there is an intent to benefit domestic manufacturers while keeping entities that do more foreign manufacturing away from the PTAB.” She added, “I’m not sure that it’s clear that this will have a huge impact.”
The full article can be found here.