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How Many Bites at the Apple? Supreme Court Asks for Solicitor General’s Advice in Patent Case

Brent Babcock, chair of Loeb & Loeb’s PTAB Trials practice, is quoted in an article published by The National Law Journal discussing the U.S. Supreme Court request for Solicitor General Elizabeth’s Prelogar’s office to advise on how big a bite the America Invents Act’s (AIA) estoppel provision ought to take out of future patent infringement cases. The court having made the request in the Apple v. California Institute of Technology case.

Brent who is not involved in the case, commented “The concern is getting two bites, by saving some prior art for the Patent Office and some prior art for the district court.” He went on to add, “My understanding is that wasn’t the intent of the AIA.”

Read the full article on The National Law Journal’s website (subscription required).